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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.

You can try and use the court system but POA, as said, does not have to answer to you for what they do. Now if the principle dies with a Will and estate, the Executor can request all records of the POA. If your a beneficiary, at the accting you can contest the findings.
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Reply to JoAnn29
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Summer, in another post of yours I suggested that you stop interferring with the POA and concentrate on supporting your loved one. I still believe that. You are very unhappy with all medical care and with the POA from what I can see of your many posts to us.

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.
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Reply to AlvaDeer
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I think the bigger picture is how involved are you wanting or willing to be in your Mother's life?

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?
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Reply to Beatty
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Exact POA rules can vary by state .

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 .
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Reply to waytomisery
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waytomisery Aug 3, 2024
Usually if a POA is being nefarious , or they are trying to preserve inheritance , they don’t place a parent in a facility . So this is confusing and odd .
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