Follow
Share

Up to now, my father has not wanted my sister involved in any decisions regarding his health or estate. My sister is trying to go around him by making this request directly to me and says anyone using the POA has a duty to provide copies to anyone relying on my use of it. Is this "duty" the law or more of a ethical/moral issue?

This question has been closed for answers. Ask a New Question.
Find Care & Housing
In re-reading the original post, I think the answer is pretty clear: "My sister is trying to go around him by making this request directly to me and says anyone using the POA has a duty to provide copies to anyone relying on my use of it."

There's your answer: "...anyone using the POA has a duty to provide copies to anyone relying on my use of it."

Unless your sister happens to be a bank or a court of law, you are not required to provide her anything. As others have mentioned, though, if you feel it will make for smoother relations between the two of you in regards to your dad's care, then you need to make that decision yourself.
Helpful Answer (1)
Report

If your sister is the backup POA then she should already have a copy of it. If not, it's your father's choice as to with whom he shares his personal information and not yours. Your fiduciary duty is to your father and not your sister. In my opinion, you have an obligation to keep his personal information private even if it's not spelled out in the POA.
Helpful Answer (0)
Report

Well, yes - banks, health care services, broadly anyone who would normally be governed by confidentiality or a fiduciary duty to your father, I suppose; anyone who is prevented from interacting with you without legal confirmation that you are acting on your father's behalf and with his (previous) authorisation. But interestingly, that wouldn't really include your sister, would it?

Anything for a quiet life, though: do you have any particular reason not to give her sight of a copy if she wants one? It's not like there's anything she can do with it, except perhaps set her mind at rest that you are behaving properly.
Helpful Answer (1)
Report

This "duty" your sister mentions is more of a personal choice than anything else. There is no law that says the POA must provide anything to anyone other than a court if demanded to do so. You are under no obligation to share info with anyone but the courts if you are ordered to do so, and the person you are POA for, if they are of sound mind and able to comprehend the info.
Helpful Answer (1)
Report

Besides it being an moral and ethical issue it can be a legal one in terms of protecting your fathers privacy. Some POSs spell out if and when information is to be shared and with whom. Some don't - but should - address the issue.

My mothers DPOA doc did not address the issue but I can feel confident in saying I am sure about what my parents would and wouldn't have wanted shared with my brothers.

If it were me - if the document allows - I would at least make a copy of the POA agreement and give it to sister. It will prove that you have the legal authority to act as you are and might get her off your back for a while. Beyond that - I'd tell her you answer to your father, not her.
Helpful Answer (1)
Report

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