If I think, that a financial power of attorney is taking advantage of an elderly person, what should I do?

Thanks again for taking your time to answer my question. I figured that you might not have a direct answer for my quandary. I hope that as the elder population grows, attorneys and legislators will strongly consider the far reaching power of proxies and what due diligence proxies should have of publically reporting their basic duties. Please keep in touch. If you know of any agencies or organizations that I may raise this question with, please let me know. I hope to contact political representatives in my state. Also, I believe their is a board of aging (not sure of name), health and human services and other people in position of power that I can contact to raise awareness. However, unless this becomes a question of concern to many, I am dubious about what I can do.

Since I do not have concrete evidence, only grave concerns, it seems that oversight of some sort is key to ensuring that proxies really do carry out the wishes of their "charges". Perhaps lowering the standard of evidence that might indicate foul play would help?

Ever a concerned plebian. P.S. Opine is the correct word/wording. INGER

Should be "opine" on this issue, not "opinion."

Inger, first, you're welcome for the advice.

As to your latest question, I honestly do not know of any method by which legal monitoring assures a proxy is correctly managing a person's assets and tax obligations.

It's an interesting question; I don't recall ever seeing that someone has asked it before. W/o doing any research, I'm not sure that governmental legal authorities have an obligation to oversee a proxy's actions, unless the POA requires filing of some report (other than for taxes). I don't believe there is a monitoring agency, except those which become involved only on an exception basis, i.e., when issues are brought to their attention.

This is a good question. I hope others have some answers as I don't. Perhaps one of the resident legal experts will opinion on this issue.

Thank you again. The elderly person is alive. (1) You have answered my question regarding what the executor can legally request from the proxy after the elderly person dies. Your clarification is appreciated on this issue. (2) Under Wisconsin law, the proxy must carry out certain basic financial duties including (a) ensuring that the elderly person's taxes are completed, in part so as to make sure the elderly person is not paying more than his/her fair share of taxes AND (b) to keep a ledger/accounting of expenses made by the proxy on behalf of the elderly person. Note: I understand that the proxy, in this case, is pawning items without the knowledge of the elderly person. It would make more sense to sell items at an auction or estate sale after the elderly person is deceased -- n'est ce pas? Key question: How does the law, if it is the case at all, verify that these basic financial responsibilities are carried out by the proxy (meaning during the life time of the elderly person)? For example, if the taxes of the elderly person are not filed by the proxy -- how would anyone know? Your advice is most appreciated, INGER

Inger, is the elderly person in question dead or alive? If he/she is alive, the executor has no authority to act, nor does she/she have any responsibility at this time to get information from a proxy under a financial power of attorney.

These two do not act in concert with each other. The proxy acts until the person dies; at that point his/her responsibities cease and the Personal Rep, Executor/trix assumes responsibility.

If the elder is deceased, however, and the PR/Executor/trix cannot get information from the proxy as to what he/she did before the person died, that's a different situation. I think this is what you're asking? I'm really not clear since you're using the terms as if the two individuals are both acting simultaneously.

If the elderly person is dead, the PR/Executor/trix can't act properly b/c the person who was proxy refuses to provide information, I think that would be an issue the PR/Executor/trix should raise with the Probate Court. It might have to issue an order requiring the proxy to turn over all financial records.

Thank you for your response. I am referring to two people with different roles, the executor of the estate AND the person with power of attorney over both financial and medical decisions.. I will not be making accusations and understand that a priest has no legal authority. I SUSPECT (versus having confirmation as you have talked about) financial abuse is taking place because: (1) the elder person's priest said that he thought the person with powers of attorney was not a good choice/up to the task for this position (2) the elder person's priest has asked the executor of the estate to keep an eye on the elder person (3) personal photos, adequate change of clothing are no longer with the Elder person as was available to him at his previous assisted living place and at his apartment -- photos include pictures of his deceased parents and two brothers (4) I have read the law regarding fiduciary duties associated with powers of attorney and of the executor ----- the person in charge of powers of attorney will NOT get in touch with the executor regarding financial matters, bank accounts have been changed so that no one is able to review charges, including the principal. So, no proof yet.

Key QUESTION: If the executor, as required by law, cannot get information regarding financial transaction made on behalf/for the benefit of the principal FROM the person with financial power of attorney -- what should or what steps should the executor take? THANKS INGER

A "person in charge of the estate" would be the Personal Rep, Executor/trix, and wouldn't have authority to act until the individual who made the will has died. Is this person also proxy under a POA or DPOA? Or are you referring to two people with different roles, one before death and one after death?

What caused you to suspect that financial abuse is taking place? Before you make accusations to anyone, you need to have some really good evidence of financial abuse.

You can contact a priest if you want to, but be aware (a) that you need proof before making accusations, and (b) a priest has no legal authority to intervene in a potential criminal action. If you get solid proof, go to the police.