Asked in Elder Law and Probate for Pennsylvania

Q: If I suspect a POA agent of abusing principal's finances, is it up to me to ask for a court's review of expenditures?

Or, does a court review expenditures, as a matter of process, after a POA has been appointed? I can only guess it was a general POA. The principal (a PA resident) has, since, passed and, while I understand the POA was terminated with the principal's death, I fear the estate (small) is less than it should be. I know, for a fact, the agent put money from the principal's bank account in to his (agent's) own bank account. (He said the principal told him to.) So, what I'm asking is, does the expenditures by a POA go unchecked unless someone (i.e., heir) requests an audit by a court? Thank you for your time and information.

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1 Lawyer Answer
Michael Cherewka
Michael Cherewka
Answered
  • Estate Planning Lawyer
  • Wormleysburg, PA
  • Licensed in Pennsylvania

A: this is a very broad question so at best can give a general answer. If this was a POA pursuant to a written General POA signed by the principal (as opposed to a court appointed guardian or agent) then there is not much oversight unless the principal or someone on behalf of the principal reports suspected abuse or self-dealing. since the principal is deceased, once an estate is opened any beneficiary can request an accounting/audit, and request information on the POAs actions during the period prior to death.

Nina Whitehurst agrees with this answer

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