Follow
Share

If the financial info is not provided , can this be considered illegal?

This question has been closed for answers. Ask a New Question.
Find Care & Housing
As far as I know, there is no "reporting" requirement that goes along with being POA, to anyone other than the grantor.

If this concerns the QCD that your mom's aide reported that mom signed, you need to find out if that event actually happened and take action if it did.
Helpful Answer (1)
Report

In your other post, your concern seems to be that the health care aid told you that the POA brother had your mother sign a quite claim deed giving him the house. Is that what this is about?

If that was a fraudulent act, I'm sure it can be reversed. But, first verify that this actually took place. Did Mom actually sign something? How long ago? What, exactly, was it?

Also it would be helpful for anyone trying to give advice to know the broader picture. Are you mother's hands-on caretaker? Do you live in that house with her, or visit very often, or what? Or is she in a care center, and the house needs to be disposed of?

The more we understand the situation, the more helpful we can be.
Helpful Answer (0)
Report

This depends on if your mother is competent or not. If she is still legally competent, she can still conduct her own affairs without the permission of the POA. It would be nice if the POA knew about it, but she does not have to tell him. The POA can acts as an agent for the person, but the person can still act as an individual.

If a person has been declared legally incompetent, then yes, the POA needs to be aware of all financial transactions to make sure fraud is not occurring. If there is a leak in resources somewhere, it is the job of the POA to take steps to close the leak.
Helpful Answer (1)
Report

Sorry about the partial last sentence. Accidentally hit post before I finished the sentence and now have forgotten what I wanted to write.
Helpful Answer (0)
Report

Robert, it will not be helpful to you to start many posts with basically the same issues. It will not be helpful for the caregivers and experts to be left in the dark about your legal question concerning your brother having your mom sign a quit claim deed-question on another post. We are trying to help you.
Helpful Answer (1)
Report

Robert, your profile states you are caring for someone with dementia. Is your mother living in your home, you in her home, or is she in a facility? If either of the first 2 situations, you're in a difficult situation to be managing her care when someone else holds the financial and legal responsibilities.

Regardless, the proxies named in the DPOA don't have an obligation to provide you with information unless that's specifically a requirement in the DPOA document.

Do you suspect some wrongdoing or do you just want to be kept aware of their actions?

However, if she's in a care fa
Helpful Answer (1)
Report

Sorry, am I reading this wrong, I thought you meant YOU were the POA?
Helpful Answer (0)
Report

Generally as POA you are entitled to oversee all her financial information: bank accts, investments etc. You would need to establish your POA at each institution and ask that her statements/or copies of them be sent to you.
Where do your brothers come in to this??
And I assume you are asking because your mother is incompetent and can't manage her own affairs any longer?
Helpful Answer (0)
Report

As far as I know, the POA is responsible only to the one who appointed him/her. Actually, it would be a violation of trust to share financial information with others. Do you feel that your Mom's finances are being used for other than her needs??
Helpful Answer (1)
Report

No, they are not required to provide you with anything.
Helpful Answer (1)
Report

This question has been closed for answers. Ask a New Question.
Ask a Question
Subscribe to
Our Newsletter