Can the attorney I relinquished my Power of Attorney for my mother to refuse to give me an accounting - and stop providing Petty cash
For the house- take out dinners personal care etc- I buy everything for my mom clothes, skin care etc- I am NOT asking to be reimbursed for any of that, I’m asking what was given.
If the attorney is now her POA or legal guardian, he has to reimburse you out of pocket or anyone who is caring for her. You keep receipts and provide them maybe once a month. The lawyer should be making sure she is getting everything she needs.
Since POA has to be assigned did Mom assign the lawyer. If not, did a court? If a court, then he is a guardian? POA or guardian, the lawyer does not have to give you an accting. Even if it was another family member, they don't need to give u an accting. They do have to make sure that the person they are assigned to are cared for properly.
Yes, if you no longer have a POA then you cannot ask for an accounting. The POA is the only one with rights to accounting, and with the mandate to keep records. The POA, if an attorney appointed by the court, owes an accounting to the court. You should not be using your own money to purchase things, expecting to be reimbursed. You should have a way to have the POA provide for food, clothing, medicines,and etc. I am assuming you are the caregiver, and that you currently purchase these supplies? If this is so, then speak to the attorney about the needs of the person you care for.
I was advised by my attorney to relinquish my POA of my mother after learning that my brother had been stealing from my parents fir decades and even hired a Private Investigator to try to prove that I was coercing mother and that mother was not competent which was a complete fabrication ! And my mother’s trustee a different attorney paid for my brothers2 attorneys and private investigator from mother’s trust! That is a missapprotion of funds and a breach of his fiduciary duty- I believe - Wha am I to do they all work together and know that I do not have the funds to hire an attorney - because I have a trustee as well and she is well aware that I plan to fire her in the near future- PLEASE help me protect my mother and be her Advocate what can I do legally? This is financial Elder Abuse and breach of fiduciary duty etc What can I do to stop this and prove all of this? Thank you Gigi
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Since POA has to be assigned did Mom assign the lawyer. If not, did a court? If a court, then he is a guardian? POA or guardian, the lawyer does not have to give you an accting. Even if it was another family member, they don't need to give u an accting. They do have to make sure that the person they are assigned to are cared for properly.
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I would file a complaint with the BAR association if he isn't making sure her needs are met with her money.
Why did you give up POA?
after learning that my brother had been stealing from my parents fir decades and even hired a Private
Investigator to try to prove that I was coercing mother and that mother was not competent which was a complete fabrication ! And my mother’s trustee a different attorney
paid for my brothers2 attorneys and private investigator from mother’s
trust! That is a missapprotion of funds and a breach of his fiduciary
duty- I believe - Wha am I to do
they all work together and know that I do not have the funds to hire
an attorney - because I have a trustee as well and she is well aware that I plan to fire her in the near future- PLEASE help me
protect my mother and be her
Advocate what can I do legally?
This is financial Elder Abuse and
breach of fiduciary duty etc
What can I do to stop this and
prove all of this?
Thank you
Gigi