If they each have a POA document naming them POA they should each independently be able to access this info directly from the banks and institutions. My guess is they each have POA and equal access by law and are supposed to agree on decisions (50/50) unless it’s stated that one is to take care of finances and one medical or something, that might be a diffrent story. But otherwise they likely have equal legal access and rights one of them just sounds like he is better at using it so far. Consulting the attorney that set up the POA’s would be advisable too if for no other reason than to establish a relationship so the other brother can’t try to hijack that too.
I'm a bit confused about the 50% each part of this, it would be a very unusual way to write up a POA. Do you mean jointly, or perhaps jointly and severally? If the POA is written up giving equal duties to both individuals the 2nd person shouldn't have any difficulty accessing financial information, the possible exception to this would be with some banks that refuse to honour these documents and may have had their own forms where the 2nd person's name was excluded.
Moving to the core of this dispute - I can't see any way someone would benefit from moving dad into a facility he can not afford, would you care to elaborate on why there is a reason to doubt this decision?
I think that one of the siblings is being denied information about money and bills and payments by the other. I think that the one being denied knowledge may fear that the other is somehow mishandling funds.
You say 50% each, and if this is true, this is what typically happens with 50% each, and stands as a good warning to elders that it should not be done. Appoint ONE POA and appoint the other as Secondary and to step in if the first unable or unwilling to serve for some reason. This of course, if you cannot speak to one another about it, is going to require an attorney. The POA is a legal document. You can only enforce it under the law in any refusal. Wishing you good luck. You might beg your other sibling to prevent the wasting of your parents funds on this sort of action. Do know if you are not co-equal, but are primary and secondary, then the secondary has no say at this point.
All good points. My first reaction is to hopefully contact lawyer who might have set this up. I am an only child so I have not experienced what so many endure with difficult siblings. We set up POA for my mother with a good attorney who deals alot with elder care issues. I would hope that the lawyer who set this up could be contacted and would tell sibling that she has interfered negatively with structure of POA thus possibly making her involvement legally irresponsible with consequences.
6 Answers
Helpful Newest
First Oldest
First
If the POA is written up giving equal duties to both individuals the 2nd person shouldn't have any difficulty accessing financial information, the possible exception to this would be with some banks that refuse to honour these documents and may have had their own forms where the 2nd person's name was excluded.
Moving to the core of this dispute - I can't see any way someone would benefit from moving dad into a facility he can not afford, would you care to elaborate on why there is a reason to doubt this decision?
ADVERTISEMENT
Why does #2 doubt what #1 has done?
This of course, if you cannot speak to one another about it, is going to require an attorney. The POA is a legal document. You can only enforce it under the law in any refusal. Wishing you good luck. You might beg your other sibling to prevent the wasting of your parents funds on this sort of action.
Do know if you are not co-equal, but are primary and secondary, then the secondary has no say at this point.