Santa Barbara, CA asked in Elder Law and Probate for California

Q: How do I request accounting from poa once person died

Related Topics:
2 Lawyer Answers

A: If you signed a power of attorney and your attorney-in-fact has died, it is going to be difficult if not impossible to get an accounting. You probably ought to hire an auditor or forensic accountant to audit your financial accounts.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Probate Lawyer
  • Sacramento, CA
  • Licensed in California

A: If a person has passed away and you are seeking an accounting from their agent under a power of attorney (POA), there are certain steps you can take to request the information you need.

First, it is important to understand that a POA terminates upon the death of the principal, which means that the agent's authority to act on behalf of the deceased person ends at that point. However, the agent may still have a duty to provide an accounting of their actions during the time they were authorized to act as the principal's agent.

To request an accounting from the agent, you may need to reach out to the agent directly and request the information in writing. Be sure to include any relevant details, such as the name of the deceased person, the dates during which the agent acted as POA, and any specific transactions or activities that you are concerned about.

If the agent is unresponsive or refuses to provide the accounting, you may need to seek legal assistance. Depending on the circumstances, you may be able to petition the court for an accounting or take other legal action to obtain the information you need.

In any case, it is important to act promptly and seek the guidance of an experienced attorney who is familiar with the relevant laws and procedures. They can help you navigate the legal process and ensure that your rights are protected.

In conclusion, if you need to request an accounting from a POA agent after the principal has passed away, you may need to reach out to the agent directly and request the information in writing. If the agent is unresponsive or refuses to provide the accounting, you may need to seek legal assistance to obtain the information you need. An experienced attorney can help you navigate the legal process and ensure that your rights are protected.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.