Is POA discoverable?

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R

RocknaHardPlace Asked May 2014

Is POA discoverable?

No current need-to-know Spouse's sib + parent would deny, but strongly suspect sib has POA for parent. To satisfy curiosity, wondering if there is a way to determine if spouse's sibling has Power of Attorney for their elderly parent. Suspicious because infrequently when my spouse or one of our adult children offers to help w/ financials in any manner, spouse's parent says, "No, no, no, so-and- so (the sibling) will handle that." Thanks in advance.
To ask either the parent or sibling directly is a waste of time, because they each have a strong history of lying. Sad, but true.

Power of Attorney (POA)

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score 0 · Answer 1

Thanks for your answers. I was curious, is all. Spouse continues to help otherwise as needed. From your viewpoint, looks like I'm more interested in this than spouse. It's just that spouse busts their buns to help & that they seem to be getting the rough end of things. Oh well. Give spouse credit for helping aged parent & leave it at that. (And be thankful that I am not directly involved in their family dynamics, except as it affects my spouse.) :-)

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score 0 · Answer 2

"Discoverable" generally means through the discovery process in litigation. I don't think there would be sufficient grounds to litigate the issue of whether or not there's a DPOA in place, and I'm not sure you would have what's known as "standing" to do so anyway.

I would also query the reason behind wanting to know if a DPOA exists.

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