Court order for POA.
Someone suggested possibly getting a court order to have the POA release more financial information regarding my parent. The POA gives a lot of conflicting information.
For example, they claimed a loan they signed and notarized located on public land records was a ghost loan. We asked for updated information and the POA has not provided it. The POA told the geriatric care specialist the parent's home care cost one half a million a year. Yet, when I put together the budget for them total care a year was $200,000.
Any experience or thoughts? Is the POA required to disclosed financial information to the rest of the family or only if needed due to conflicting information. I am concerned if we go to court they might assign a guardian to the parent. Furthermore, I do not want to overstress the POA who I sense has a stressful job already. I understand being POA is not the easiest thing in the world and involves a lot of work.
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Do you want to be a daughter? That cares & visits?
Her daily hands-on caregiver, either paid or not paid?
Or her Legal Guardian that oversees all her care & financial matters?
What kind of role do you see yourself in?
What kind of daughter do you feel would best help your Mother?
Simple answer is NO. The POA need not provide you ANY information about ANY THING. In fact, it is encouraged that the POA treat ALL financial information as though it is as private as tho it were their own information. This is a semi-sacred trust that a senior gives to a person they TRUST to do things for them when they can no longer do them.
NOW. If you truly suspect fraud here then you have every right to go to an attorney. YOU will PAY for this. You will tell the attorney (or even APS) that you suspect FRAUD and you will provide any and all PROOF you have of this fraud. The attorney then can open a court action brought by you for examination of all records of the POA. The POA will be subpoenaed by the court to bring all their records to the court to prove that they are correctly doing their fiduciary duty. These records will be reviewed by the court and if there is evidence of fraud there will be legal action. YOU will never be privvy to the facts in the case. This would be a case that would (or would not ) move to the District Attorney.
As I said, this would be an action that would be costly. Attoneys, only recently in the realm of 350 to 450 and hour have pushed the inflation button and are now typically getting 700.00 an hour. Think on that, and be certain of your proof. Otherwise step back and concentrate on the end of life care of your loved one.
In general , POA is not required to keep other family members in the loop on financial information , or include family in decisions or give explanations.
It would be nice if family communicated. But often differences of opinions breaks down communication
If you think the POA is not being responsible , you can go to court .