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zottzy Asked July 2015

In California, is it legal for my sister, with POA, to withhold financial or medical information?

My sister has POA for our mother's health and finances. My sister receives money from the fiduciary regarding my mother's expenses. However, once my sister pays the health care agency, the health care agency sends the invoice to our mother's long term insurance company. there is a reimbursement then mailed to my mother. My sister deposits it into an acct that she set up for her and my mother. However, she refuses to tell the other beneficiary siblings what the payments she is paying or receiving is. Is this legal

SamIamW Jul 2015
It sounds as though by 'fiduciary' you are referring to the Executor of the Trust that is making payments to your sister for your mom's care? If there's nothing odd going on, I don't know why your sister wouldn't give you this information. By not doing so - she's only raising suspicions.

The Executor of the Trust is required to keep track of expenditures and oversee that there is no 'co-mingling' of funds between your sister's personal accounts and those expenses paid on behalf of your mom. At the time of your mom's passing, you (as a beneficiary) are entitled to a copy of those records and receipts. Until then - unless otherwise stated in the Trust; your sister does not need to keep you advised of monthly expenditures.

It's unfortunate that your sister isn't being more forthcoming. As time passes, you'll want to be able to communicate better. Try to stay calm. If this is a new situation; people tend to be a little defensive. Things may smooth out.

GardenArtist Jul 2015
Who is the fiduciary? Are you referring to someone acting under legal authority, and pursuant to what kind of granting document?

If she's handling the financial issues successfully, I'm wondering what the concern is? Do you think there's something improper taking place?

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MaggieMarshall Jul 2015
I'm not sure what you mean by fiduciary, but seems to me the fiduciary has a right to this information. See if they know about it and whether or not they will share this information with you. (probably not though.)

Rosebush Jul 2015
I don't think she has any legal obligation to divulge this information. Should she be open and honest with siblings to keep peace in the family? Probably . Has there been a history of siblings objecting to the way she handles things? If you feel she is doing something illegal or unethical, talk to other siblings and make a plan of action. If she is just refusing to not share this info, I don't really think she has to.

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