QUESTION

My 86 year old father recently revised his Will to include only my two sisters and me as beneficiaries and made all of us co-executors.

Asked on Jan 13th, 2012 on Trusts and Estates - Texas
More details to this question:
He also expressed his desire that the three of us share in his care and wanted us to have joint power of attorney. His attorney drew us the medical and statutory durable powers of attorney and they were ready to be signed. At this time, we discovered that our sister has had POA for over six years and is objecting to sharing POA. Because of her objection, our father''s attorney refused to allow him to sign. Our sister''s only reason for this is that she thinks we don''t trust her. Up until this point, we had absolutely no trust issues. But in light of this and other suspicious behavior, we have come to believe that she has been committing unscrupulous acts over the last few years that we were not aware of and have completely lost our trust in her. We want POA in order to protect our father but also to prevent our sister from doing anything else that she shouldn''t. Our father still wants to give all of us POA. Is there anything we can do?
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1 ANSWER

Real Estate Law Attorney serving Morristown, NJ at Orloff, Lowenbach, Stifelman & Siegel, P.A.
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If the attorney refuses to do what your father wants, he needs a new attorney who will honor his requests.  If your father is incompetent, he cannot sign a new Power of attorney.  Once you have been appointed as agent under a power of attorney, you can have access to his financial records.  Then, you can investigate to see if your fears about your sisters actions over the years can be confirmed.  In most states, a court can order an agent to file an account if you can give the court some good reason to issue the order.
Answered on Jan 13th, 2012 at 9:57 PM

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