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They don’t want me to have power of attorney and even though I have a letter from his doctor stating his diminished capability of making legal and financial decisions they refuse to accept the fact that I am making those decisions for him. Legally do I have to get their approval or can a decision be made in spite of it? I have tried to compromise but nothing I try to explain is accepted even after giving them hard evidence. I’m at my wits end and I am OK with them going off the deep end. According to his investment manager who has reviewed the document there are no limitations and backs me 100%. I just need to know what my legal obligations are if any relating to my siblings. Please help

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As his POA you are required to keep his financial affairs private, yes, even from your siblings. They have no say.
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It sucks when families aren't all on the same wavelength. Just remember that your father chose you and not any of them, so obviously he trusted your abilities and integrity.
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Your siblings have no legal right to know anything, and the less you tell them the better it will be for you. You have the durable POA, you make the decisions and maintain the accounting for your father. If they get upset, so be it.
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"Legally do I have to get their approval or can a decision be made in spite of it. "

No!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! you do not need their approval and you can make a decision in spite of it. You're acting in behalf of your father as if you were your father himself. That's the kind of authority that he has given you. He trusted you with this not them. So take the authority granted to you by the POA and move full steam ahead!
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As Tothill stated, you have an obligation, a fiduciary one, to your father, NOT to your siblings.    That obligation includes keeping his affairs private.

Reread the POA, find the clause on maintaining privacy, or if you can't find it, contact the attorney who drafted it and ask for a letter to the siblings reiterating that you serve as your father's behest, not their's.   

And don't bother telling them anything further.    It's not your obligation to keep them informed.
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You do not owe, and in fact should not share any financial information with your siblings. I agree with Tothill and Garden Artist. You are acting FOR your father, on HIS behalf, doing for him what he himself would do to the best of your ability. I also agree that it might be an excellent idea to get the "lawyer letter" explaining needs for privacy of your father's affairs.
IF these siblings want to cause you trouble, however, they may try. They may haul out their OWN lawyer, and try to demand an accounting, claiming in court that they suspect you of all sorts of financial things.
Keep meticulous letters and diaries. The diaries should be hand written in ink with no tear outs (strike through mistakes and initial). They should describe a brief note on your day, what you did if anything to represent your Father's affairs; for me with my brother, simple as his estate is, I have had all SORTS of things come up, from disposal of his demolished truck problems to insurance company things. The diary has benefited me, but also is a record. Then, as to all his records, I keep them carefully divided in manila envelopes, and in a VERY attractive wine box in my room where they reside altogether and easily grabbed to show what rentals I have paid, what bills, and etc. Everything is there. Record keeping, checks your wrote, to whom, copies of checks you wrote for him all should be there. As I said, METICULOUS records. These, if you are ever drawn into court, go with you, and the appearance will be brief.
But be sure you keep a record of everything, and of every call you receive from this group, because you may need it.
Sorry the sibs are being an annoyance, because even on an easy estate, none of this is easy. There are visits to post office for forwarding, the constant confusion of creditors, the constant copying of documents, the changing of address for everything. It is NOT an easy task. If I had a sibling I TRUSTED (I have no other sibs) I would hand over this stuff in a second. It has taken 6 months to bring it all together in some organized way.
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marymary2 Sep 2019
Exacted right on siblings "you trust". If I handed duties over to my wealthy sister and her husband, they would stay at the Four Seasons, dine as they normally do at expensive restaurants ordering $500 bottles of wine and list those expenses as necessary to helping my mother - while I starve myself and skimp while doing all the work to help her....
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So agreeing with others, Spotlover, though I completely understand where you're coming from, wanting to share information (and get moral support I'd wager). When I took over as POA for my mom, all us sisters shared information completely. We worked very well together (I live in a different state). I made a monthly statement of all Mom's business and mailed it to them so everyone knew it was all taken care of and proper.

Ensure you have an effective paperwork system so it's easy to store and find any piece of paper. (PM me if you'd like ideas. I'm happy to share.)

When I left my home and moved in with Mom as her caregiver, the dynamic changed. My sisters turned into Full Narcissists and took delight in arguing everything and criticizing everything I did. It was hell.

Then the accusations of theft started and their torment got even worse. After Mom's death, when Mom's lawyer got involved with "elder abuse" accusations the only thing that saved me was I had receipts for everything, and I documented actions or transfers that were out of the ordinary. I had a great filing system that helps project a "professional" work ethic (and saved a lot of time). Everything was documented to the hilt.

When Sister 2 questioned me with a list of questionable transfers (with answers demanded by Mom's attorney) I audio-taped our conversation. It's in my safe. The tape recorded all the questions and my answers and S2's on-speaker phone conversation to S1 to tell her everything was "on the up and up" and she was satisfied nothing was wrong.

My cautionary tale is that harassment could get worse. Certainly, you're doing your level best to handle all Father's business strictly correctly. Document like crazy. While Father's business is your primary focus, you must protect yourself.

I'm so sorry you're having to go through this tough situation and it's being made tougher. Best wishes to you.
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I second MountainMoose's and AlvaDeer's advice on documenting.   Since I did that when I worked for attorneys, it was easy to use that system.   I used an Excel spread sheet, with categories for various aspects.  I'd be more than glad to share with you if you want suggestions.    

I first did this with my sister's Trust, when I was challenged.   So monthly I e-mailed that month's spread sheet with work done, time spent, miles and out of pocket expenditures.    Questions were still asked, making it clear the individual wasn't even bothering to read the spread sheets.

So I said that the spreadsheets were explanations; READ THEM before you waste my time calling again!    Harrassment stopped.  

Spotlover, I suspect though that your siblings are jealous, and want to make decisions but I'll bet they don't want the responsibility of carrying out those decisions.    I suspect, as with me, it was harrassment perhaps arising from jealousy.

(I also made it clear I would charge for the duplicate inquiries and the eventual distributions would reflect the (harrassment) inquiries.
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Your father, not your siblings, appointed you, not your siblings, to be his DPOA.

It rather sounds as though your father made a carefully considered choice, there.

When you say "extreme opposition" - what are your siblings doing to oppose your decisions?
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Spotlover Sep 2019
I understand what you are saying the exact situation is that both parents were living near me and I was the primary caretaker as far as assisting them with dr's appts, grocery shopping, etc.  Mom took care of the bills and dad basically did nothing except monitor his investments and donate to different charities.  Mom passed in March and dad's mental state went downhill fast and I got a letter from his doctor stating that he is not mentally capable of making any financial, medical or legal decisions on his own.  Since I am by myself, up in age and have my own medical issues I agreed that dad should move closer to my younger sister who has more backup with her immediate family, my brother and his kids are closer to her as well.  Waiting to move into assisted living he has been living with her in her house and I have been reimbursing his living expenses.  I am appalled at what she has been submitting for food reimbursement but I haven't said anything because he is not paying for electric, water, internet, etc. And she is doing his laundry, cooking meals, etc.  Throughout this period of time both she and my brother has tried to discredit me with dad's attorneys and his investment manager trying to find some basis to overturn the POA, even trying to accuse me of co-oercing my parents into naming me POA and executor and alluding that neither parent was cared for properly while living here and that mom's death was my fault. Fortunately both of these people know me and have told my siblings that they will not get involved with family disagreements. It's quite the opposite in that my siblings don't seem to have an issue with trying to spend my father's money on things he doesn't need and have tried to buy things and send me the receipt for reimbursement without consulting me. My brother will send me emails, for example, stating that dad's car tags have expired when they haven't.  I have tried to explain to him and have even sent him documentation showing they haven't but to no avail and I have also explained to him now that dad is taking up permanent residence in Florida that all that has to be transferred.  Both siblings have proceeded to send me emails that are abusive, vindictive, cruel bringing up things from 40 years ago, telling me that my father hates me and wants nothing to do with me.  Very hateful and hurtful words.  I send a copy of the bank statement to my brother with everything identified so as to be transparent.  I have done everything in my power to work with them but the emotional abuse I'm taking for no reason goes beyond what anyone should have to deal with.  So the reason for my questions were because it is getting to the point where I do not want any interaction with them and just want to handle the job that my father gave to me.  I hope they do take me to court because with the documentation that I have accumulated they look like the ones who are not doing what is best for our father.
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As everyone pointed out, as POA not only do you not have to tell your siblings anything...you actually have an obligation to keep those financial affairs to yourself.

Ok...so....stop talking about anything having to do with his money or assets. If they bring up the topic...just say “I have a legal obligation to keep his financial business private”. Say nothing more about it and change the subject. Repeat this phrase as often as the topic comes up, If they continue after a few times of hearing this from you (and nothing else) you could then Walk away or hang up whenever the topic is brought up.
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justgettingby Sep 2019
It's best to have every detail of everything you do meticulously in order. As POA you just set yourself up to be sued if you become secretive to siblings. Remember it's relatively easy for them to put efforts together to hire an attorney, and then you will be required to prove that you did things on the up and up. If you did, you have no worries...
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My response to my older brothers and SIL when I was on the receiving end of this sort of nonsense was 'I have been tasked with representing our parents interests and since they have always kept their finances private I will continue to do so. I am making decisions on their behalf based upon information that I have as their POA and Executrix, information that is necessary in order make appropriate decisions'

When my SIL attempted to compare how her brother handled her parents and later their estates (forwarding monthly statements on their investment portfolio from the accountant to siblings while her parents were still alive) I pointed out that each family may approach this differently but the law is on my side and since this pertains our parents any further conversations to be had will be had with my brothers and not their wives or children.
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marymary2 Sep 2019
I love your last line and wish you the best. With my brother, he let's his greedy and abusive to me wife get involved and doesn't interact with me at all....
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No, you don’t have to do anything they want if you have power of attorney. Now, if your father passes, you may have to show what you did with his money.
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First off, I'm an attorney with over 30 years experience in that area. Your obligation is to your father and decisions are made with his best interests in mind. The duty to provide information is a matter of local law, but I have never seen it said that there is a duty to keep matters private. I usually recommend a level of basic reporting similar to what others have suggested. You can be sued both during your father's lifetime and after his death for a breachvof fiduciary duty. That is worth avoiding even if the claims are bogus. Transactions that involve you or your family are different. In my state payments to you are presumed to be fraudulent and should be documented especially well. I find that family members react well to up front communication. You should consult a local attorney to help you understand your specific duties.
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marymary2 Sep 2019
From your line "families react well to upfront communication" I think you've never seen the dysfunctional many of us. It wouldn't matter what type of communication you use when there is animosity, hidden agendas and lifelong abuse patterns. You fall for what you see. There is often a different reality.
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My husband and his sister together and or individually have power of attorney over their parent's affairs. They also have durable Medical Power of Attorney. That way if one or the other is out of town and an emergency arises they can solely make financial or medical decisions. There are four other siblings and their spouses and so far it is working well. However, they are of the mindset that because my husband and his sister have POA that gets them off the hook, so to speak. None have them have lifted a finger to help with anything pertaining to care or upkeep of the family home. Both parents are now in a facility and the house is being sold to help them financially. The complete burden of going through 60 years of stuff and cleaning out the house has fallen on my husband and his sister, her husband and me but they all want their piece of the pie. I don't know the answer as far as what's better having them help make decisions and help with the work or doing it all our selves. I am finding that every family is different and our goal is to keep the parents healthy financially and medically. I do all of the paperwork and pay all of the bills and I am very strict about keeping records. Just in case. I am not being paid for my services and do not ever expect to get anything but I don't want anyone to come after me in the end. Families can be difficult and wonderful but when it comes to their parents end of life the emotions kick in and no rules apply.
My advice is keep records and follow your heart. You do not have to legally share anything with anyone else. Your parents have trusted you to make the right decisions for them and when they are gone you can rest easy having done so.
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disgustedtoo Sep 2019
I hear you on the "Help" that isn't offered... It took a year and a half to clear out mom's condo, and fix/cleanup the place to sell it. Although I have two brothers, and they did provide some help, guess who did most of the work? It wasn't around the corner either - almost 1.5 hours/50 miles each way! So much for my existence for a year and a half!

Unfortunately we had set it up as a life estate, and it would have been best to keep it until she passed away, but the condo fees and RE taxes were 14k/year! The heating system died and the windows started blowing seals, which sucked down more money (and my time.) The way a life estate is set up, we all got a "share" based on mom's remaining life expectancy. Thankfully we all agreed to put in back into the trust for her benefit (needs the $ for the MC place!) We did let the trust pay the cap gains for us all (reduced a lot by various deductions.)

Keeping good records covers your butt for those nasty family members who come out of the woodwork with all kinds of accusations! For the most part, I will rely on the paperwork from the bank and trust fund. 99% of SS/pension/trust money pays her "rent" at the MC facility, 1% or less is for Rx meds, OTC needs, extra services needed, transportation, hair care, etc. They don't like it, too bad! I am grateful that neither says anything... at least for now...
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They can force you to be removed if you are making questionable decisions. I’m coming from the other side of the issue. My sister has financial POA, I have medical ( imo bad idea to split them as it is to have more than one listed) . Lately she has been trying to stop my mother’s medication to “ save money”. My mother has plenty in the bank but in sister’s words it’s “ effecting our inheritance “ . Fortunately my mother insists my daughter is on her bank account so my daughter is keeping track of her account. First questionable expenditure from my sister and we are suing to get a guardian to take over .
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Judysai422 Sep 2019
It is never a good idea to be a joint owner on a bank account. If your daughter gets in a car accident and gets sued, your mom's account can be at risk. If someone Sue's your mom, your daughter's private funds are at risk. Your daughter can be in your mom's account as POA, but never as a joint owner. Just passing on advice from our elder attorney.
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I am sorry your sibs are giving you so much trouble. It is probably because they worry that you are doing something weird with the money that will effect their inheritance. There are alot of scams out there that could eat up all the money. Maybe just putting everything in CDs would be easier for everyone to follow.

My older half brother had POA on my mother. He also had his name on her checking account. He developed dementia and died a year before my mother from COPD. He was not a very good financial person and one year he cashed all the investments and gave her a horrible tax consequence. His wife was in denial and said "he will be ok if he is with me". However she would push me into the room of the nursing home with him. I had no legal power so I would beg the managers to not make any decisions until they talked to me. My step brother even denied signing the papers to put her in the nursing home.

It got so bad that my sister in Florida and I mounted a takeover where we took her into her lawyer where she signed to take him off, and put us on. I was actually surprised that she signed because she was so close to him, but even she knew he had dementia. The sister-in-law gave me all the bank statements and I spent a week untangling them. They had siphoned off quite a bit of money, but I decided I wasn't in the bill collecting business.

Going forward I had my sister in Florida (retired nurse) take her in, and sold her house (which my mother no longer recognized). After that everybody was just happy that somebody was handling it. It's a lot of work. It is unlikely that your siblings would want the responsibility for it.

My mother died 3 years ago (age 97). Mistakes are easy to make (there is still some money stuck in a checking account that I am waiting to go to unclaimed funds). Please be careful and don't do anything without consulting a lawyer.

If your father has an investing manager, there can be a churning problem where the manager is constantly replacing stocks to earn himself commissions. That happened to my husband's insurance which was abbreviated (paying for itself). He lost all his life insurance because of that. .

My sister lost her entire nursing pension because she invested it in a special fund that was taken over by the investing manager. He moved it and took it all out and spent it on himself (over $120,000).

Don't forget about the 70 1/2 rule for taking out a percentage of 401K IRA invested money. The penalty of not taking it out is 50%. I looked on the internet and fold a table by a lawyer that said the first year it was 27% that had to come out. Turned out that was false. I found a IRA table where it was much, much less. 50% is a huge penalty!.

Your siblings know of these scams and mistakes and are worried. Please be careful and conservative.
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missmacintx Sep 2019
In the absence of a POA, it is commonly assumed that the SPOUSE is capable and has full authority to make decisions about the incapacitated spouse, not children of the incapacitated person. If the spouse is not thought to be competent for their own person, much less another, the next step is to pursue GUARDIAN AT LITEM pending GUARDIANSHIP.

When opposition to DPOA, either medical or financial arises, guardianship is the appropriate course of action. I say this because it removes the drama of communication with siblings. They will need to then submit their questions to the court of jurisdiction. The court may answer directly, using required annual accounting you have submitted to the court. They have to get a lawyer, spend their money, and pursue their inquiry indirectly...but there is complete transparency. It may cost the estate money to respond, but it puts an end to nonsense.

A guardian has full authority to act as if they were the person who is under guardianship. This covers most choices a person would make for themselves, except voting rights.

Usually the greatest opposition comes in larger estates or where family disagrees on end of life measures. In our case, my husband’s mother was clearly already incompetent to exercise any will or appointment of a DPOA, as her Alzheimers had progressed too far. So rather than face competency challenges later, my husband went straight for guardianship, and I became co-guardian in his absence/if he was unavailable.

That is where the shit hit the fan with the family. I was grudgingly accepted as the older brother’s wife...but alternate guardian? Oh hell no!!! So, I bowed out and invited them to do it ALL. As in caregiving and everything, if something happened to my husband. I told all of them...hey, if something happens to him, you get to clean this up. Not me. I will pack my stuff and move on, and if it means divorcing my husband to get away from you people and your drama, I am prepared to do that too. I at that point also financially seperated all my money and income from my husbands. This was to ensure I would never be accused of taking anything from the estate or his mother. In fact we almost divorced over the issue of her family and her violent behavior in her home. We separated for 6 months. I had to wait out a phase of her possessiveness of her own home until in her mind, I, as her eldest’s daughter in law, was viewed as a friend, not an intruder in her home...a helper, not a person taking over her home.

Yes, changes had to come to her home for sanitary and structural reasons for her to stay in her home at all. I tried to remain within her decorating style, but changes had to be made for her sake and ours. It worked out in the end...but it could cost you more than money and relationships with siblings. It can cost you your own savings, retirement, friends, and marriage, too. Caregiving can compromise you health and lead to an early death for those caregivers.

Its easy for the family members not directly caregiving to arm chair quarterback the situation...they have no idea what the personal time and personal price the caregiver will pay.
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Bad situation, exactly what is it they expect to do and how is this helping your father? And they won;t agree to anything? No compromise? Other people here seem to think it is inheritance, and maybe it is. It seems to me being the poa you don't need their permission for anything. You are obligated to help your father, do what you think is best. Good luck
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It’s been 8 months since my moms passing. I recognize it’s not just my mom and we are all individuals with unique relationships.
I no longer speak with 4 siblings. Yet being executrix if you also hold that position becomes even more challenging. It is not a great place to be.
I agree with the others. Your parent chose you. I also agree keep great records. And get a bonding and release form filed. I did have to get some funds back for ira taxes. Don’t think that was easy.
I also agree wholeheartedly, there wasn’t any financial contributions over the past 24 years to their home or lives. My parents only paid minimal utility bills. $300. A month. My personal income paid the rest upkeep, plus rental, tenant turnover. Now they want to eat the pie. The property where they lived was owned jointly with myself only. They come out of the woodwork with opinion and criticism.
Poa ends when the person passes. That’s when things really hit the fan. Had to clean out the apartment, inventory and present all possessions . Lots of visits to the post office while nasty emails were hurled my way.
Even an easy estate as this was, none of this is easy. Take the executor fee. My mother told me to. I wasn’t going to. But it is alot of work!!
I took half. It was minimal.
For me it was a gang up of bullies. My mother always said I think your going to have a problem. They’ve held this resentment in for a long time. It is family dysfunction stuff.
All this is to say. I would keep it all business. Keep meticulous records. Submit the documentation because it’s not going to get easier. Communicate on paper. You need to take care of yourself. Prepare yourself , these lifelong relationships are over. Remember it’s their stuff they are unhappy with.
If you are/were your parents go to person, you have spent countless hours being there for them. Cherish those memories.
Just now am I starting to be able to deal with my own grief and won’t be truly free till taxes are filed next year and I can close the account out.
It is what it is. This will minimize your time being wasted if you communicate and document.
And if you are the executor be prepared. You will already have started the ground work.
Good luck. Peace.
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JudinWA Sep 2019
I get you exactly. I ended having to walk away. My Mom died in 2010 and I have not spoken to my sister since she died. I don't know where my Mom or Dads ashes are spread. I did hear from my brother once before my dad died. She was upset because there was not enough money to care for him. Well, I had become so calloused that I really did not care. She had plenty of money, no children, did not leave her home and move across country to care for Mom, and then belittled me, including suing me for elder abuse (she lost). So yes, walking away is so difficult, and even after 9 years I mourn my lost relationship, but there is nothing one can do. Thank you for sharing your journey.
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You are the only one responsible for these decisions and do not need their approval or input. So take a big breath and sign in relief.

Now, that You are off the hook. Keeping relationships intact is hard to do. If you want input from the rest of the family - ask for suggestions. Tell them you will keep their "suggestions" in mind while making decisions. Keep everybody in the loop on what is going on - I send monthly letters to all my family. If they are concerned about the finances, send a balance sheet that shows what comes in and where it goes. Your loved one chose you because he/she trusts you to have his/her best interests at heart.
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As POA, you asking your siblings is just a matter of courtesy.

Stop telling them what you're doing and hopefully they will stop getting ugly with you.
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Looks at this point like a lawyer in your own state should be asked if you can send a monthly accounting. A lawyer on the thread has said he knows of no laws that forbid you sharing information with the siblings. For myself I was told you cannot, as it shares the information of the person I serve without his capacity to give permission.
Dealing with siblings can be awful. I will say that POA and/or Trustee of Trust isn't a piece of cake either. It requires meticulous record keeping, no muddying of your name or monies with your loved one, careful accounting in case there are ever questions.
Do be certain before you invoke the DPOA that you want it. And if there are siblings you cannot trust you may want to get a court appointed guardian and let that money be paid out before something bad happens to Dad's money. See an Elder Law Attorney is my advice, to find out what your duties would be, and what you fears are.
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worriedinCali Sep 2019
I don’t disagree with you but just because the OP (or anyone else) CAN send an accounting, it doesn’t mean they are required or obligated too. Our parents don’t have to share their financials with us so why would it be any different for their POA?
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Your dad gave YOU his power to make his decisions. He didn't give it to them. In my state, communicating with them is a courtesy and not required of you. They may be able to legally ask for an accounting and they definitely can hire an attorney to petition the court to become his guardian.
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So many difficult situations. I don't have an answer. My situation turned out awful. I offered to move back home and take care of my Mom as my siblings were not in a position to do so. (I am eldest). I tried to keep them informed. My dad became increasingly suspicious of me. y sister never really trusted me, and neither she nor my brother would return calls when I wanted to inform or ask advice about situations and what to do. None of us at the time had POA. sometime during my tenure (before I gave up) my sister obtained POA over my dad, but did not inform me. I finally walked away because the whole situation was so volatile. Sadly, my Mom was caught in the middle: Dementia, and some medical problems that my dad was not equipped to deal with (I am an RN). My siblings refused to speak with me. A year later Mom died. about 16 months after that I was served with a lawsuit from my sister, claiming elder abuse. We went to court. fortunately the Judge saw it my way. I had excellent documentation for everything I did every time I went to my parents house and for everything I spent. The judge was very annoyed with my sister. And she found in my favor. (My sister is a lawyer, and at the time of the lawsuit a sitting judge in the state of California--it was the only legal case she lost in er lifetime as a lawyer). Sadly, I never spoke with my Dad again, and to this day I have no idea where my mother or father's ashes were scattered. I have not spoken to my sister since Mom died, and my brother for more than 3 years. Mom died in 2010. I tell this story so that you understand, that despite the best intentions, for some reason, siblings are at each other's throats. I have watched this for decades in my professional work as a hospice nurse, and working with those with chronic illnesses. So, regardless of whether you choose to keep them informed--keep meticulous records. You never know if you will need them. Some families do well and work well together, but with the contentions that you have, either be well prepared, or choose to walk away as I did. Both are very difficult. I am sorry that you are in this situation. ( My sister did manage to break my mother's will, and I received nothing, she was that vindictive.)
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AlvaDeer Sep 2019
Your story is horrific. It was a frivolous lawsuit brought by someone who could do so free. I wish she had suffered consequences of it in money, but who could afford to pursue it. A terrible story. And your story is but one we see here, if I very bad one. I think the worst of it is this warring over the parents. I would walk away, as you did. It is not worth it. Just walk away, even if they spend up all their money, because the war isn't worth it and often you cannot see the parent who is smack in the middle. I am so sorry this happened to you, but what a lesson you can teach HERE.
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Being POA is hard enough without sibling drama aggravating you. You are under legal obligation to your father, *not* to your siblings. Stop explaining yourself to anyone whose not directly involved in your father's care. If he wanted them to know, he would have told them himself or appointed one of them. Ignore their requests for his private information. Just because your siblings ask does not entitle them to an explanation.
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Your legal obligations are your duties as POA for your father. You don't have legal obligations to your siblings.
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missmacintx Sep 2019
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Print this out for anyone who needs to know:
https://www.agingcare.com/articles/things-you-can-and-cant-do-with-poa-152673.htm

Question asked on avvo.com
(https://www.avvo.com/legal-answers/does-a-poa-have-the-right-to-withhold-all-financia-741543.html):

"Does a POA have the right to withhold all financial information from the siblings
POA has all financial institution account balance and information sent to them and is refusing to share with other brothers and sisters."

Answers:

1.) A Power of Attorney has a fiduciary duty to the principal, not to the siblings. Thus, a POA is not obligated to share financial information with you and, arguably, if the POA did, he may be in violation of his duty of loyalty to his principal. If you feel that the POA is not acting in the best interest of the principal you may petition the court to review the conduct of the POA.

2.) The terms of the power of attorney itself may specify the level of disclosure of information, but Ohio also has a law that specifically permits certain interested persons (which include children of the principal) to request accountings from the agent. That information is different from "all financial information." The children have no more right to ask the agent for the parent's bank account and investment account balances than they would to ask the parent directly. However, the POA should not be secretive as far as use, expenditure, or transfer of the funds. If there are facts present that suggests the agent is abusing the authority granted under the POA, then you should retain counsel and pursue a court-ordered accounting if the agent refuses to provide one voluntarily. Also, this does not mean that the children are entitled to receive contemporaneous or monthly information. Please bear in mind that your parent continues to have a right to keep information regarding their financial situation secret and the children have no right to that information. (there is more on the web page.)

3.) My colleagues are both right. It is usually correct to be worried when one sibling keeps all the others in the dark about the affairs of an aging client, and lots of damage can be done with a power of attorney. Several years ago the School of Law and Government at Albany University revealed that 92% of Powers of Attorney are misused by the agent holding the power.

Despite that answer #3 (don't know how they came up with that high a percentage!), providing basic information to siblings if requested nicely should be fine (per the attorney who posted a response on this thread), however decision making and details are for the POA. Certainly if anyone has GOOD suggestions or GOOD questions about finances or care, then take them into consideration, but the actual decision making, medical and financial, are to be made by the appointee. Sharing basic information and being open to suggestions should be enough to qualm concerns of siblings, but many of us are aware that this is certainly not the case in many instances! If it were me, I would try once, generally twice, to share relevant information, but if they chose to ignore it and continue unreasonable demands, that's it. No more from me!

Do keep good records. There are those who will seek legal advice and try to wrest control from you. If you have good records, both medical and financial and anything else that might be relevant, they will likely not succeed. In reading more about legal fees in cases like this, it appears that the general rule is each side pays its own legal costs :-( There may be exceptions, so I would think if you have VERY good records, it can be shown that the case was frivolous, especially if you presented the basic records prior to the suit. It might even be enough to pass them from your attorney to theirs - if they can then "See the light", perhaps they would back off.

If anyone does sue for guardianship and wins, it will override any POA. So, you want to ensure there is no way for them to win!
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AlvaDeer Sep 2019
This is all great information. How good of you to get all this typed out for everyone! Thanks for this.
I think this says what we kind of know about sharing with the sibs. "You don't have to. You can choose to. They can sue you if they suspect fraud. Good records are your friend."
I have no siblings. As much trouble as all this can be I can tell you I would be more than thrilled, if they caused trouble, to go to court, tell the court "Here are my meticulous records. Now,due to their meddling I no longer want this job. But I know THEM and you can see for yourself that they are trouble. I want to quit. So please appoint a guardianship, and lets see how they like, with all their greed, to see funds disappear at about 90.00 an hour minimum for the work". EEEEEEk I would be furious.
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Your father's doctor said it's necessary. His financial advisor said the same thing and thst everything is in order. No, you shouldn't have to include them on every decision. They may be concerned that you have access to monies that they don't. This can be remedied by providing a year end list of all expenses. This way everyone can see where the funds are being used for.
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Of course you do NOT need their permission. If you are a family that works together, you may ask for their input, but that is only if you choose to do so. Did your father sign the paperwork? Just interested.

You have full decision rights. If your siblings want to play nice, then you can tell them that you will consider their arguments, if they are nasty, tell them to play nice, you have the authority! Period.
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as long as the POA YOU HAVE IS OFFICIAL, YOU HAVE THE FINAL SAY. IF YOU HAVE ANY CONCERNS, YOUR BEST BET IS TO CONTACT AN ATTORNEY - PREFERABLY ONE WHO SPECIALIZES IN ELDER CARE.
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Tell them to back off as you're the agent.
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