I think the best advice on this specific question would be to consult an attorney. However. If you are in the position of still being able to plan, you may want to consider, whoever in your family is going to be taking care of an elder person's finances, instead of a POA go for a Guardianship. I am my Mom's court-appointed Guardian. Whenever I petition the court for anything, a copy goes to my sisters as "interested parties". Whenever the Court mails me anything, the Court mails a copy to the "interested parties". This includes copies of my annual accounting.
You can request the bank account statements and other verifying documents from the POA. How to enforce your request depends on your state's laws and how much you want to spend if court proceedings are necessary.
Did the Power of Attorney document include a clause that required the Attorney-in-Fact (Agent) to provide regular accountings to your father and to other family members? This is important to remember for the future, as you review your own Power of Attorney document.
Also, problems caused by Agent's who don't act in the interests of their principal are caused by money they don't spend on services that are needed to provide proper care and companionship. You can check your own motives by keeping the focus on the needs of the person who needs protection and care.
Depending on the amount of money involved, you can ask the POA holder to order copies of all the bank statements at your expense going back far enough so that you yourself can put together a summary ( without bothering him ) of where and why the money was spent. If he refuses to do this, you would either have to have a court compel him to do so or you would have to assert felony financial elderly abuse to the legal authorities who would then compel a production of financial statements for evaluation. If the findings are that money was used inappropriately, you can sue to recover your portion of the families estate that was squandered based upon instructions in the will for the distribution of assets. There is no pleasant way to do these things and the amounts in question must be worth the lost relationship with your brother. I am involved in a similar situation presently and am requiring all bank statements also of the POA holder and credit card statements and cell phone and regular phone bills etc.
Very good point. But what about the situation of taking care of YOURSELF Finally? Often people who lie,cheat and steal can hurt you sooo bad that "mvong on" is close to impossible before the air is cleared up, expalantions are given, apologies are shared and THEN one can "move on". In oiur family there are so many secrets and deception that bros want to hide behind............ "let's put this aside until the grieving period has passed...." That is what Dad would want us all to do."
Well............ guess what?? The ones that want to "put it aside" and "move on" are always the ones that have lied, cheated and stole in this world. It is in THEIR best interest to have you "move on" asap so that they can then use the expressions.... "it's in the past" and "just get over it" and "why can't YOU leave well enough alone?" Sorry, give a hug........but it is about time we bring to light those that need justice then and THEN forgive and "move on".... The worst of offenses, like murder, I do NOT believe in the death penalty... but once a person is caught............ they are not sorry they did the bad thing to Dad and you................. They are just sorry they GOT CAUGHT.
Think again. Is this really how you want to handle the grieving period over your dad'd death, and honor his memory -- squabbling with your brother over money that is already gone? Deciding to move on is also an action you DO.
I am going through the same things this month with my older brother. He is trustee of the family money and some things just do not add up. The only solution is to get an Attorney. Get one ASAP! If you look into it now you won't have any regrets... if you let it go..............there is chance you will be looking back at these days with regret........ Remember....... we don't usually regret things we do DO, we usually regret things we decide NOT to take any action on.
Did the Power of Attorney document include a clause that required the Attorney-in-Fact (Agent) to provide regular accountings to your father and to other family members? This is important to remember for the future, as you review your own Power of Attorney document.
Also, problems caused by Agent's who don't act in the interests of their principal are caused by money they don't spend on services that are needed to provide proper care and companionship. You can check your own motives by keeping the focus on the needs of the person who needs protection and care.
requiring all bank statements also of the POA holder and credit card statements
and cell phone and regular phone bills etc.
In oiur family there are so many secrets and deception that bros want to hide behind............ "let's put this aside until the grieving period has passed...." That is what Dad would want us all to do."
Well............ guess what??
The ones that want to "put it aside" and "move on" are always the ones that have lied, cheated and stole in this world. It is in THEIR best interest to have you "move on" asap so that they can then use the expressions.... "it's in the past" and "just get over it" and "why can't YOU leave well enough alone?"
Sorry, give a hug........but it is about time we bring to light those that need justice then and THEN forgive and "move on"....
The worst of offenses, like murder, I do NOT believe in the death penalty... but once a person is caught............ they are not sorry they did the bad thing to
Dad and you................. They are just sorry they GOT CAUGHT.
Remember....... we don't usually regret things we do DO, we usually regret things we decide NOT to take any action on.