Marlton, NJ asked in Estate Planning for New Jersey

Q: So if a POA for Healthcare exists, can family members just "see" what is happening with the Principle?

The family is aware that they cannot control what decisions are made but can they at least be informed as to what is being done to the Principle? The Principle is their mother.

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1 Lawyer Answer
Richard Diamond
Richard Diamond
Answered
  • Short Hills, NJ
  • Licensed in New Jersey

A: The starting point is the document itself. For estate planning purposes, a person can sign a document called a "power of attorney" ( POA), which, under certain conditions, gives that person the authority to step into the other persons shoes and handle his / her financial affairs ( among other rights as well).

As to whether the POA authorizes that person to look into the financial circumstances of the other person, when that other person is not incompetent or incapacitated is unlikely.

So,,,, the question therefore is why are you concerned about the other persons finances? If the concern is that they may be acting irresponsibly with the money or that there is concern about undue influence from another person, my suggestion is that you meet with a certified estate planning lawyer to discuss your options to protect the other person.

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