Furlong, PA asked in Elder Law for California

Q: My sister claims she has POA, that she won't show me, for my mom. I believe she is mismanaging funds. How can i get POA?

I live in PA, my mother lives in CA with my sister.

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1 Lawyer Answer
James Edward Berge
James Edward Berge
Answered
  • Elder Law Lawyer
  • San Jose, CA
  • Licensed in California

A: If it's true, your sister doesn't have to show you her power of attorney. If she uses it, she's only accountable to the principal, her mother. She's not required to use it. It's probably good that she has one, because it can help avoid the need for a probate conservatorship if your mom should become incompetent. Obviously, if she's abusing her authority or mismanaging your mom's estate or her investments, it's bad for your mom, but it's up to your mom to complain, not you. If you believe that your mom is incompetent (unable to manage her finances or resist fraud or undue influence, the legal definition of incompetent), you can always file a petition in court for a conservatorship of your mom, but that's a legal proceeding. If you believe that your mom has been taken advantage of by your sister through a power of attorney, you must first file for conservatorship of your mother to contest the actions of her agent. It's not a great situation you find yourself in, but it's more common than you may think.

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