QUESTION
Do we have any legal recourse if my husband's sister has power of attorney?
Asked on Jun 18th, 2012 on Estate Planning - California
More details to this question:
My husband's sister has P.O.A. in the case of his mother who is in Assisted Living, in Aptos, CA. She refuses to give him a copy and is refusing to share any of the financial info as well, refusing access to bank accounts and the like. We would like to consult a lawyer but don't have copies of p.o.a., tax return, estate planning info. etc. We suspect her of misuse of funds. Do we have any legal recourse? What can we do?
3 ANSWERS
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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06-18-12 Answer to Question # 1: Your husband's mother gave the power of attorney to his sister not to the brother, and had no duty to include him or anyone else in the power of attorney, even though she could have. The sister who holds the power of attorney has no duty to share any information with her brother, and in fact may be in violation of a provision of the power of attorney if she did share such financial/asset information with her brother. What facts do you have your husband's sister may be squandering/wasting his mother's estate? Mere suspicion is not enough and the fact the sister will not share any of the financial information as said information applies to the mother, does not give rise to suspicion. You should consult with an attorney who does probate/conservator litigation, to potentially file a petition for an accounting by the sister, particularly if the mother is subject to a conservatorship/guardianship; if not subject to a conservatorship/guardianship, consider having an attorney file a petition for conservatorship of the person and estate of the mother, under which the attorney could then subpoena documents re financial/asset information.
Answered on Jun 27th, 2012 at 3:39 PM
You should consider filing an elder abuse complaint with the local agency charged with overseeing elder affairs. Depending upon your locality it could be the District Attorney or the County [city] Counsel for your jurisdiction. You should also check to see if there are any local agencies who serve the elderly who could assist you in filing the complaint.
Answered on Jun 27th, 2012 at 3:26 PM
General Practice Attorney serving Glendale, CA
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Law Office of Michael Stafford
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The Power of Attorney (PA) is a very powerful document. The attorney in fact is only answerable to the principle, your mother, and only to her. In the event of her incapacity, unless its a durable PA, or death the PA terminates. At present, from what you've stated, it appears your only remedy might be to bring an action to be appointed Conservator. I strongly suggest that you consult with an attorney regarding your possible remedies in order to protect your mother.
Answered on Jun 27th, 2012 at 3:23 PM