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My sister will not share my mother's finances. She claims that she alone is the POA of moms finances. She also claims that after mom passes, (her husband and myself are Executors) that she too becomes an Executor. Is this true?

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Power of attorney ends at the principal’s death, so your sister’s power of attorney will end at your mother’s passing. As executor, you will have the responsibility of settling your mother’s estate, but the agent named in a power of attorney has no responsibility after the death of the principal.
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As others have said.........

POA is only while they are alive. DPOA is different in scope than just a POA.
DPOA can do just about anything in the best interest of and behalf of the person.
Keep in mind that most POA have a "hold harmless" clause that states that the person who is POA will not be held liable if things go wrong.

Executor/executrix is named in a will starts when they die and you go into probate.

If you are holding a joint POA, you should have a copy of it. If you don't the attorney who drew it up should have a copy of the POA, wills, codicils, etc. in their office, Most attorneys hold the originals on behalf of the client (this makes filing probate, etc. easier). This is standard and included in the fee paid to do the paperwork. Even if it's decades later.

If mom is still cognitive and capable, she can change the POA's. If so, pleaseconsider getting the following done or updated:
- a Statutory Durable Power of Attorney (a Financial Power of Attorney)
- Medical Power of Attorney
- Living Will
- Declaration of Guardian in Event of Incapacity
- HIPAA Waiver
Good luck
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dlmpam2010, what a story! I am with you, it just isn't worth all the fuss. many people on this site have such awful issues with siblings and parents, me included. I have decided to just distance myself and if Mom needs me she will let me know. I have been treated like an outsider. Alot of "whose in charge" going on. No more for me. I, unlike you, hardly talked to my Mom. I am tired of it all. She will be well taken care of and that is all that matters at the end of the day. She has alot of money, never spent a penny on anyone except herself, so she is set for AL or NH should she need it. My brother has all the power and, as I see it, all the responsibility.Unless there are millions at stake, I think sometimes alot of people need to just let it go. I am trying to and my life is much better.
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Have you read the will? Have you seen the POA? You should have a copy of each. POA ends with death and Executor or Executrix begins with death.
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It is a very sad commentary on family life in our country. Its always about the money. Someone who is afraid a sibling will get more than they will after the death of the parents. Have we as a society really become that greedy. Take the money and spend as much as needed in providing the best life possible for your mom in her final days. Then let the bickering begin and make the attorneys earn their fees. Have a Great Day.
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Yes, you can have two people named on a POA, not advised because of possible conflicts, but you can do this. It is advised to name an "Alternate" POA in case the person named POA decides he/she doesn't or can't perform their duties or just dies. If they die and there is no Alternate, then there is a problem.
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Dlmpam: It appears that you and your sister a great siblings! Tell her to get a life, and stop the nonsense. She should know that any lawsuit, frivolous or not, when lost, has to be paid for ( including attorney's fees) by the losing party.
A strong letter from your lawyer to her may stop the ridiculous shenanigans that she loves to indulge in.
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What does your sister base her claim on? What does the legal document say about who has durable power of attorney?
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POA's responsibility is over when the person dies. Only the person that is named on the bank account with your mother as co-owner will be able to do anything with the money. BUT your sister can wipe out whatever money she wants BEFORE your mother dies and you have no say in that unfortunately.
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POA is done when the person dies. Executor is in charge of estate and finances at the end of the person's life. Your sister is not to bright and is claiming things that she is totally unaware of. Best to speak only when you know what you're speaking about.
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