Does the holder of a POA have any obligation to provide periodic reports to their siblings concerning their plans for the grantors care?

if you know where she is and are not barred from visiting, I would say see for yourself as soon as you can...deliberatley being far away form everyone does not sound right by any means - if you find things are not right, and there is reason to remove the current POA for non-performance of basic duties then you could proceed. maybe it would be possible to Skype or have other communication long distance too?

My sister got Dad to sign a POA. We didn't know about it until he died when she thought she still had authority over the estate. also found out my name was on the POA and she had her daughter's name put on Dad's checking account. It is the POA's duty to provide records to siblings. Unfortunetly her incompitence led to my father's death.

I was completely exhausted, nearly had a stroke and cardiac arrest. I lost 40 lbs. in the first 40 days and I didn't sleep for the first 40 hours I got to my mother's side. She was diabetic and a hoarder, it took me 3 weeks to clear out her house while she was in rehab, she had all kinds of stress from her money-begging children, my siblings, and mental disorders from their constant 20 year harassment for money. She was mad as a hatter until I could get her socialized to some degree in assisted living and being around other people again. She's not as lonely but she is still devastated and depressed. My family waited like buzzards on carrion for me to burn-out from caregiving and then they came in with lawyers when I was stressed to the max and exhausted and tried a hostile conservatorship take-over which back-fired on them. Their own lawyers recommended a public fiduciary instead in order to steal the estate away from my siblings who were attempting to steal it away from their mother while she is still living, and now all the court judge appointed officials are in cahoots and have wrested control of mother's $6000 dollar a month pension and her 3 properties. They liquidated every bit of her assets and the money is now in their pockets, they now pay themselves handsomely from her pensions, they have Medicare paying for her $3000 a month assisted living through some loop-hole they have found to get around the 1900 dollar income limit so they have her $6000 a month to now divvy up amongst themselves while claiming that it goes into her "estate" for her expenses; meanwhile the 3 lawyers, 1 public fiduciary, 1 guardian, 5 hospice day care visitors, 2 aps, judge, 2 investigators are all charging federal and county taxpayer funds and mom's estate, giving each other kick-backs and salaries, "fees" charged to mom's estate. The thieves are making a killing and donating to the judge's election campaign right down to the thieving assisted living managers keeping her hostage in assisted living so they can collect her $3000 dollar a month rent provided by Medicare. It's despicable, all on the taxpayer's and my mother's estate's dime. My inheritance vanished along with my health, job, healthcare, pension, home, I lost everything in a sacrifice for my mother. It is still exhausting just trying to avoid becoming homeless, i'm already penniless and jobless, while I sell my house as quickly as I can before the foreclosure lawyers do to me what the estate lawyers did to my mother and steal all the equity I've built up in my house. Now I'm homeless at 61, with my pension pissed away to save my mother's finances before the thieves took her estate away from me and I'm left with nothing left but to wait till I'm 62 to draw early, limited social security and I'm too sick to work and have no healthcare of personal doctor cause I have no money. The siblings were mere vultures not lifting a finger to help their matriarch and resentful that she can't keep giving them money, and so was the relentless system of crooked lawyers, judges, investigators, assisted living managers, all outright thieves. Yes, it is exhausting, especially when you're the only one doing all of the dirty work for 20 years and then, just when I pulled my pensions to pay my mother's delinquent taxes on her homes that were left in her will to me, the judge seized the properties on the grounds my mother was incompetent, against the testimony of 5 medical experts he appointed who all unanimously said she tested competent and most certainly unanimously agreed she was not incompetent, but the judge over-ruled, he had his pre-determined agenda, with the outcome being that all of the money is going towards paying his local 3 appointed lawyers and 2 investigators charging to the estate. All of 300,000 dollars that they could liquidate is slated for the court official fees for the dragged out 8 month hearing that caused me and my mother to go bankrupt. The judge is a no good thief and a liar, just like the siblings who lied under oath, bore false witness against their mother and brother, coveted their mother's properties with greed and avarice to acquire what was her's for themselves even though they were not in mom's will, they were contesting it and they dishonored their mother, in short, broke every one of the ten commandments with impunity, just like the judge. They murdered my mother's soul in the twilight of her days and kept her in Arizona jurisdiction, when a year later, she still longs to go back to her sold-off home with view looking over the pacific ocean in California that they're selling to pay for their unwarranted salaries and legal fees. Crooks, who kill little old ladies and rob them of their god-given life in the twilight of their days, mother stares off into space vacant eyes now with nothing to live for and every day the same as the last one, rotting in an assisted living with nothing to live for.
I long for the day my home sells before the foreclosure lawyers can steal it and I can go back to mom, live close to her, away from the evil family that has turned their back on her and have regular, daily visits, swimming in the pool and walking her little dog, together again. She's 89 this September the 9th.

Does your wife have an alternative proposal for her mother's care?

I infer from your post that communications between the sisters are not good. That is a pity, although I appreciate that it's not always something that can be put right. But unless your wife has a better idea, and assuming that her mother's whereabouts are not actually being kept from her - she's still able to call, write, even visit, is she? - then I cannot see what there is to be gained by an attempt to invoke the law.

Presumably the POA sister has selected this ALF on the grounds that it's in her mother's own home location, has she? It's not totally clear whether the POA sister is among the siblings who would be more than a thousand miles distant; but even if she would, she must have had reasons for her choice. What do you think they are? Do you in fact disagree with them?

If your wife has a POA for financial matters and the advanced directive for the end of life care, I guess she will be making all decisions.
However, that brings me back to the decision to place her in an assisted care facility, why so far away from everyone? Given the hip recovery, I hope this place has nursing home ,skilled nursing home staff. Assisted living generally don't handle enough of these types of problems.

I would not place a parent thousands of miles away. No one will be able to visit her regularly, make on-site decisions on her health care plan, encourage her as she faces medical issues, shows up to feed her when she will need help getting the food to her mouth. I can't believe the mother would chose to be thousands of miles from everyone she knows, a very isolated old age. Why?

After reading the many posts here in reference to your mother's care, I would guess that the DPOA and/or POA has no "obligation" to inform her siblings of the care plan. However, it may be a good idea to do so. you never know. Someone may have a better idea. The way I see it, it all comes down to money...funds in the trust, the estate, the will, and funds available for immediate use.

N1K2R3, the DPOA can indeed have that obligation. The elder can require it. The problem is that elders often waive the requirements -- sometimes on the advice of well-meaning attorneys who do not specialize in elder law.

WilliamHenry is right. My parents' DPOA document was very recently gone over (with both my attorney & parents' attorney).
My guy pointed out this problem with the DPOA, that there is no accountability, no checks & balances.
My parents' attorney said it's not a problem, "just ask" the DPOA if you have any questions.
Herein lies the problem: the DPOA is not trustworthy, I have proof (checks she wrote to herself on parents' checking account.....) But there are much bigger problems going on with the DPOA (dad has dementia, and to change the DPOA would be difficult).
SO, I would say, all POA documents and any other documents with parents' bank accounts, etc should all require periodic reporting to ALL beneficiaries, showing who exactly has written checks, made withdrawls, etc. This is the ONLY way that there can in fact be "checks & balances."
There is a reason for the saying "Giving someone DPOA is giving a license to steal."

PG, while in theory what you write does sound helpful, in practicality it could open a hornet's nest of sibling meddling and unwanted intervention, especially from non-participatory siblings.

Some of us are on scene, doing all the driving, laundry, meal prep, some exterior work, as well as legal and financial work. Some siblings are local, some are not. Some participate with help, others do not. Those who do not have no idea what it's like to have DPOA responsibilities for someone.

I see no valid reason why I should account for my decisions or actions to someone who doesn't even call except on major holidays and birthdays. The expenditure of time and money I've encountered is not something someone living several states away and who has absolutely no right to judge me or my actions can comprehend or appreciat.

I think this is an issue that splits down the middle between those doing the work and those wanting to oversee someone else's work.

In your case, it sounds as though there are issues beyond that, which is a problem outside of just responsible reporting.

Frankly, I think adding the kind of accounting you suggest would be like adding more burdens to already overworked and stressed out caregivers.

You say you have proof; have you confronted your sibling about these issues? What was her response?

GA, yes I see where you are coming from, because I am the 24/7 caregiver for my parents BUT I don't have the POA, and it's causing endless problems (my older Sister, far out of state, has the POA and I believe she abuses it).
There is simply no burden at all, the POA should be keeping an accounting of the finances anyhow! So it would just be a matter of mailing or emailing the balance sheets.

FWIW, the proof is: POA, my Sister, wrote checks to herself after visiting my parents over Thanksgiving and when I asked about it, she claimed it was for her hotel bill while visiting....this from someone who makes 6 figures and lives in 3/4 million home....regularly travels in 5 star hotels for pleasure as well as business.

We hashed it out in a meeting with my attorney (Elder Care), parents' attorney (copyright lawyer, an old friend of Sis) and Sis was there on audio only. My parents were there and both instructed Sis to not write any more checks for travel. But there were some other items I'm not going to disclose that also show Sis using parents' money, without prior permission, for her own benefit.

My lawyer clearly identified this as not in accordance with the intent of POA; the parents' lawyer--who is a college friend of Sis--claims that Sis is entitled to be compensated for her time taking care of parents.......which is a major point of disagreement: My lawyer said, No, visiting parents is not reimbursable, but other lawyer said "Oh yes it is!."

I even pointed out to parents' lawyer, who are you working for? Sis, or my parents?

Whereupon the fight continues, since I am NOT compensated for ANY of my 24/7 caretaking duties!. So yes I am offended by Sis literally TAKING money for herself, and never even imagining that it would be appropriate to compensate me for my time.

WORSE YET, Sis has now instructed all financial institutions to discontinue statements emailed to my mom (Dad is not competent). Mom can still dial in and look at the balances, and print them out if she wants. But without regularly receiving the statements, Mom doesn't ever look at them.....

To me this has all appearances of Sis trying to hide further suspicious activity. I would never have known about the other withdrawls if not for Mom having asked me "what is this?" for several items she had no prior knowledge of, and Mom was extremely upset about all of it. See my other posts......

PG, I do remember your situation now, especially when you wrote about your sister's IP attorney.

Tough situation; it's unfortunate that it's turned out this way. Your parents should be able to enjoy the company of all her children, but unfortunately a lot of times it just doesn't work out that way.

Sounds also as if Sis feels she's a high-powered career woman and knows more about finances than her down-to-earth caregiving sister.

Your parents need to change the DPOA - that's probably the only way this situation will be resolved.

I appreciate your explanation.

Mother, if sincerely upset and still competent, needs to change the POA. Sounds like someone's lawyer needs to locate their backbone and make that a firm recommendation too - at some point it is either that, or continue to be robbed blind while the one who cares gets nothing - which should be unacceptable; or to involve the police.

Hm. PG, I recommend that you remind your mother to check her balances on a regular basis, like once a month, ideally make it the same day each month so that it's essentially the same as the statements she used to receive. And if she still has capacity, and she's seriously unhappy with the way your sister is managing her affairs, she can always revisit her POA decision. If you're wise, though, you won't touch it with a stick.

Another suggestion - I've put it to my sister because my mother keeps asking me about it, but it hasn't happened yet - is to ask your sister to provide your mother with a monthly account of all monies spent on your parents' behalf by their POA (i.e. your sister). This is a perfectly reasonable request with which she ought to be happy to comply: it's your parents' money, your mother is entitled to know exactly what it is being spent on.

Here's the but: but you are not entitled to know. Not unless your mother says so, anyway. You need to assure your sister that you're not ferreting around, or she'll fight tooth and nail to prevent the information reaching you.

Your sister is accountable for what she does with the money she's entrusted with - just not to you. I sympathise, it makes me narrow my eyes and think Hmmmm from time to time too, because the whole situation is inevitably wide open to abuse; but that's how it is. Our parents appointed POAs they trusted, it wasn't us, and if they made lousy, ill-thought-through choices that's not our fault. If we don't like it, the theory goes, we can always wash our hands of it and walk...

Again, the law is not concerned who has or hasn't been showing up'. The only concern. is what the law says, not how the holder of the poa feels. You are incorrect if you think you don't have to keep records. Second, what you do as agent (poa) CAN be called into question by others. If you're interested only in handling affairs for a parent, you'll be perfectly willing to provide that for interested party perusal. You feelings don't matter in such a situation. I wish those who were answering questions wouldn't answer unless they know the answer, and it's based on law, not feelings. The law says you need to furnish the info. If you don't,you could find yourself standing in a courtroom in front of a judge who has the authority to take away your poa.

ALH, would you care to provide specific statutory citations for your statements? If I'm wrong about my fiduciary responsibility, I'd like to know about it.

This process ia an ongoing learning experience.

Thanks.

@GardenArtist--the wording on a poa gives the agent certain powers. Also as important are state laws concerning the responsibilities of the agent. Check you state code,--probably available online in entirety, to see what an interested party has the right to ask you for, and what your obligations are once someone asks you for the records. There are always two things to be concerned about as am agent--the powers granted by the document itself, AND state law designed to protect the grantor. In Virginia, for example, any interested party concerned with the welfare of the grantor can ask for all fincial records, and any changes made to other documents, so they can request proof of what you've done with the powers allowed you in the document. If you don't respond, a judge can order you to do so, and if you still don't cooperate , the judge may relieve you of your burdensome poa. I don't know the laws in all 50 states; you'll have to look them up.

The poa is not a document rewarding the person who does the most with power. The poa allows someone to act in certain ways for someone else, in the interest of the person granting the poa; Because there are dishonest people who use their poa to do things that interest them instead of the person giving the poa, the law allows the agent to be questioned by anyone else interested in the well-being of the person granting poa. So, rights must come with responsibilitiesand the laws don't care if the interested party has seen the person granting the poa for years or not.

As I recall, the appointment of a POA by a donor is a serious and legal endeavor. It requires at least two witnesses who signatures must be notarized under seal, and then an overseer is also appointed ( usually the attorney who arranged it ). If an unsavory appointee is writing checks to herself, the lawyer who arranged the appointment of the POA must be notified. He may wash his hands of the situation, or he may write the POA on behalf of the donor and call attention to these circumstances. These are serious charges.

@N1k2r3: I don't know which state you're in, but the attorney who draws up the poa (and it is not required to have a lawyer do a poa, really--you just have to include the proper wording) has nothing to do with abuse of power of attorney. An attorney cannot just rewrite a poa over hearing that someone suspects poa abuse; only judges can order the removal of someone's poa, after that person either commits abuse of poa or refuses to reveal records/actions when asked for them. Also, if fraud is suspected, you call the police, social services ,etc., and start a report/case. Nobody calls an attorney when someone suspects someone else of committing a crime.

Not sure if you have to provide accounts of expenditure as PoA, but it is certainly adviseable to do so if only to protect yourself as PoA:
1. From disguntled mistrustful siblings
2. From LO who may have memory failure/dementia kick in, and can get very paranoid and accusatory (even the most loving parent/loved one can turn on you when dementia hits)
Keep a separate track of all expenses.

The answer is NO. Yes, be prepared to handover all financial transactions to a judge who may very well be looking for any reason to steal the pensions and estate in order to fill the coffers of his appointed lawyers and court officials who ensure his campaign funding is ample for his re-election. The elderly are being preyed upon by the families and the courts, it's big business plain and simple. Many on her sound like the disgruntled siblings and family members who didn't get picked as POA and want to busy body, snoop and bully and have a conflicting say in anything you do as POA. Meanwhile you do all the work while they obstruct obstruct obstruct. We're talkin about selfish, greedy liars and thieves here folks, from the siblings to the judge and his court minions, to the hospice workers and the managers at assisted living. They all get paid by grandma.

Out of curiosity I pulled out my POA (for my mother) to look at the language applicable to this situation. Here it is:

My Agent shall provide an accounting for all funds handled and all acts performed as my Agent, but only if I so request or if such a request is made by any authorized personal representative or fiduciary acting on my behalf.

To me, the key word here is "authorized". A sibling would need to be authorized in order for me to be required to produce an accounting. I am assuming that a judge could be considered to be an authorized personal representative (authorized by the court), but not a sibling. Any thoughts from those of you on this site who have legal experience?

Just off the top of my head, an authorized personal representative suggests the PR (as they've been called I believe since enactment of the EPIC statute) of a Will; a Trustee would also be an authorized fiduciary, as would any successor PRs and Trustees.

I can envision a situation in which a PR or Trustee who didn't hold the DPOA asked for an accounting of activity pre-death.

Typically documents have a list of definitions; as I recall, our Living Trusts did, but I don't recall about the DPOAs. Something I'll check out though.

It may be that "authorized" is determined by case law, but there may also be some statutory reference. I'm going to check mine tomorrow and see what I find.

Notice also that the language is "only if I so request OR ...made by an authorized PR...". So there are two options, one of which would be if the person who executed the DPOA requested it, which I find interesting.

And there you have it, it depends on the wording in the POA documents. Anyone with POA should read the whole darn thing and commit it to memory. A judge is not a personal representative, but his powers come through his office as a justice of the court. Now a Health Care Proxy could be interpreted as a personal representative, and often POA's won't tell them anything. In fact, a man named Pittas would not share financial information with a nursing home or the Judge who heard the lawsuit. He ended up having to pay $93K to the nursing home; apparently the Judge was not amused.

I'm beginning to see that nobody on here reads answers. I think folks are just typing and griping. Once again, people, YOU MUST KEEP THE RECORDS, BANK STATEMENTS, ACCOUNTS, RECEIPTS, ETC., BECAUSE YOU CAN END IN COURT IN FRONT OF A JUDGE WHO WILL TAKE AWAY YOUR POA AND ASSIGN IT TO THE PERSON WHO ASKED FOR THE INFORMATION. Seabiscuit, you're bitter, it seems. You're also incorrect--a judge can't take grandma's money. Read the law before you spew vitriole.

ahl123, I'm in the State of Georgia. The attorney who drew up the POA surrounded by at least two witnesses is a good place to start if abuse of the power is suspected.
If fraud is committed, then by all means the police should be notified to create a record, so that the attorney may proceed towards a court action. The donor then becomes the plaintiff, and the abuser becomes the defendant. Isn't that the way it goes?

A DPOA is required keep careful records of what they do with the principal’s property and assets. Written reports are only required if the POA document specifies it and to whom it can be given to. There is absolutley no state statutes in the USA that mandates a DPOA to make written reports. The principle is the only one who can mandate a report from the agent. The principle has a right to keep their personal affairs private and the agent has that obligation to insure it. If there is abuse of powers, then yes, the agent will have to answer to a judge. "Vitriole" is spelled "vitriol"

Debralee: too bad I misspelled vitriol. It's probably because I'm too busy at William & Mary to worry all that much over a word. In any case, you are incorrect. In many states, including Virginia, the agent is supposed to retain records, and anyone who is an interested party is granted right by law to request those. Also, according to Virginia law a judge can order the agent to do what the interested party requested. So, before you type that no state has such laws, perhaps you should read the laws in all 50 states. The powers granted in a poa do not deprive another person of rights--this includes the person giving the poa as well as other children or other relative/interested party. There are good reasons for this right. I'd never lie and say that I know what all of the laws in all states are; I can, however, be fairly confident in knowing that it is unlikely that any state would consider the rights of an agent (holder of the poa) of higher importance than the rights of the person granting the poa. If there are no ways to challenge an agent, then the rights of all others are not considered. Being that the person who allows someone else to conduct business via poa is the most important party in the entire scenario, to not provide legal protections and remedies for abuse would deprive that person of the most basic of rights.

Debralee: since you're now correcting my spelling, allow me to correct yours: 1. It's absolutely, not absolutley
2. "There is ....no state statutes..." is incorrect. Are is used with plural, is with singular. Correct options: "are no statutes" or "is no statute."
3. Same thing as above with "if there is abuse of powers..." Should read "power."
4. A run-on sentence is one without proper sentence ending.
5. Ending sentences with prepositions is not advised.

Seabiscuit, what I'm going to say may sound cruel, but I do believe you love and did the best you could for your mom, but....why on earth did your mom not think, even a little, of you? Somehow, elders like your mom are never held to account for the evil they do or the precautions they fail to take. (I'm assuming that your mom has been reasonably competent all the years you were caregiving for her). She must have know what snakes these people were/are. So why didn't she protect herself and you from them? I guess I'm not too feel-sorry for people just because they are old, or someone's mother, or have gray hair or whatever, I think it is a form of ageism. Now when there is real incompetence, then or course they are not responsible, but otherwise why should they not be expected to act reasonably?

To give you the benefit of the doubt, I found the satute you are referring to in Virginia Uniform Power of Attorney Act

" Except as otherwise provided in the power of attorney, an agent shall disclose receipts, disbursements, or transactions conducted on behalf of the principal if requested by the principal, a guardian, a conservator, another fiduciary acting for the principal, or, upon the death of the principal, by the personal representative or successor in interest of the principal's estate. If so requested, within 30 days the agent shall comply with the request or provide a writing or other record substantiating why additional time is needed and shall comply with the request within an additional 30 days."

I do not see were it is written, "other children or other relative/interested party".

William and Mary is a well established college, your affiliation with it is impressive. Are you a law professor?