My sister is POA for my Father who has dementia. My siblings and I are worried that she is using his money to pay her bills, mortgage, etc. If we request a monthly snapshot of our Father's finances, is she required to provide it to us? If we find that she is not spending his money in his best interest, what can we do about it?
What makes you suspect she might be mishandling Father's funds? Do you have some specific evidence? Using his money for herself would be a crime.
Your father apparently trusted this daughter when he appointed her POA, but you don't seem to trust her now. Have things changed? Or was sister always dishonest (in your view) and he was mistaken to trust her?
BUT she has the right to POA fees which here is accepted at $100 per month per $100,000 of estate or hours that are needed to do work if it is a mess to straighten out - she would also be able to reimburse expenses incurred like using an accountant, hiring people to assist him or installing grab bars in a bathroom [but only if he lives with her or visits regularly] but not to redecorate on his dime & all that must be documented
As mom's POA I spend about 15 hours a week getting app'ts set up, paperwork etc etc etc but I work hard so mom's assets are increasing not decreasing - just under 50% of the fee is spent for expenses I now have that I didn't before I took on this that help me have the spare time to work for her & still have some life of my own - things like a new cell phone at a much higher $$ level [old one wouldn't work inside my brick house], gas for the car, a cleaning lady 2X a month so I can keep up with housework & occationally get something extra done - I'm a senior too with health related issues for my 92 year old mom - this fee helps me feel that I'm not being taken advantage by the situation
Don't feel she is just taking money on whims without any proof - if she is writing cheques to herself then that is a bad practice unless she can back it up - I write cheques to myself only for my POA fees or her petty cash [$200.00 +/-] that I keep in my home for using for her like buying small items she wants like a doughnut or specialty coffee, having her pants hemmed or a wheelchair taxi to take her to the mall
Be careful about slinging too much mud - a small whisper that someone may want to look at her books after your dad dies so she should keep receipts about as much as possible might be the best way to go now - I keep all mom's in a separate bank even the credit card from that bank is just what I need to buy for her but is in my name & I even have "FOR MOM" written across it in magic marker
One way to see for yourself what is being done is to visit your dad regularly, notice what is being done, bought, not bought etc - that's the only way to know what is being spent on him - FYI if she takes him to mall & they stop for a burger then her burger should be an expense to him but if she chooses to go to a gourmet restaurant then she should pay for him too unless that was where he specifically wanted to go ... not likely unless that was somewhere he went often
Her children argue too much and do not get along, so she asked me to take over POA to ensure that her estate is divided evenly among her four children.
I provide a monthly accounting of expenditures, to all her children, even though I have not been mandated too.
I keep scrupulous records of every penny I spend from her accounts to ensure it is only spent on her behalf.
A POA may be mandated to hand over a record of expenditures is if there is suspected elder abuse or self enrichment going on on the part of the POA.
At that time, after an evaluation by elder care protective services, if it is found that self-enrichment, undue influence, or suspicious expenditures are happening than the POA can be removed by the court.
The only other way a POA can be removed, in some states, is if the elderly person, is still of sound mind, and changes the POA.
I second what LLamalover47 said.
The most likely person to commit financial elder abuse, according to elder care attorneys is a son with access to bank accounts.
Yes, there should always be someone designated as a second looker for a POA.
Sometimes the family attorney can take on this effort or the family accountant.
Both the SSA and VA have special requirements if you are to become the person handling funds for another person.
If have POA, after your grandmother's death, any legal heir to the estate can ask for an accounting of expenditures.
Please ensure that you keep careful records. Otherwise you may have to reimburse the estate, if someone asks for an accounting and you have not kept proper records.
You say, she has very little money or little money left after expenditures, but you will still have to prove this to be true, if your sister decides to ask for an accounting.