Does having POA give you the right to access bank records of the one giving you POA when you feel they are being financially abused?
I have POA of my oldest sibling. She is forgetful and is not taking good care of herself. A younger family member claims she is her fulltime caregiver but this is in no way the truth. This younger person has taken financial advantage of my sibling for years. My older sibling does not want anyone to know her financial business unless she specifully asks. Oldest sibling tells me this but is afraid to confront the younger family member because she feels that she must depend on younger family member to go to store for her and is somewhat afraid that younger can not get by without her help. Oldest sibling has LTC insurance that will let her stay in her home with assistance. Also other family will get what she needs from store, take her to appts, etc. without expecting anything. This younger family member discourages any help. Also my oldest sibling changed her will to leave all her estate to this younger family member. Oldest sibling resents all this and is somewhat afraid to stop this abuse. She has let this younger person control her life over the years and when anyone tried to help this younger person stands in the way. The oldest sibling has dwindled assets, remortgaged home, taken out numerous loans and credit cards throught out the years to give to the younger family member. I want to check my oldest sibling's credit report and bank account to have the information in written form to stop the abuse. Need some advice on how to do this while remaining completely legal about it. Need advice/ Please help.
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You tell us she is "fearful" of the caregiver, yet she has made over her entire will to the caregiver. This is something difficult to do under threat as a Lawyer is involved.
You say that this younger caregiver is a family member. What relation is she to this sibling you are worried about?
Unless your sibling has a diagnosis of dementia you do not have a right to use your POA to do anything that she doesn't wish to have done. A POA gives you the right to act at her request, or in the case of her inability to act for herself, then to act on her behalf as you understand she would want you to act for her.
Your sibling has made you her POA. Why not ask her now if she wishes you to handle her bills and her finances (understanding that by law you will have to keep meticulous records). You can give her an account she manages for herself as her personal spending account also, but you would pay other caregiving bills as they come in. She could attend with you her bank and place you on her accounts. She is capable of doing this if she chooses given she has no diagnosis.There is no need to discuss this with the caregiver; a simple "We are going to lunch" will suffice.
You can only do this yourself, dependent on the powers in your POA, should your sibling have a diagnosis of incompetency to act in her own behalf.
You say that your sibling has said she cannot do anything because she is afraid. Sometimes this is an excuse. However, as POA, and in the case of suspecting your sibling to be failing, and afraid that there is evidence of financial abuse you should ask APS to open a case so that they can examine records. If indeed the caregiver IS abusing the money situation the consequences should be reported as this would have awful repercussions in future should your sibling need help of medicaid.