My sister is the POA and EOTW for our Mother. Can the other sibblings know all investments and money and any changes that happen

Asked almost 2 years ago - Frederick, MD

I've been the caregiver for the last 2yrs. My Mother has dementia. My mother wants it to be open and even so she can't hide investments or change beneficiaries.That sister might agree to it but my brother and I do not think she is completly honest.
We just want to know what we're entitled to know before we ask her.

Attorney answers (3)

  1. Suzanne Benvenuto Simpson

    Pro

    Contributor Level 7

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    Answered . Wow--sounds like an uncomfortable situation. Do you by chance have copies of the documents? Regardless, I'd suggest you discuss, confidentially, with an attorney and that you are clear about the facts to support your concerns. As your mother's primary care giver, it seems that you'd want to have open communication with your sister while she "holds the purse strings." Certainly, your sister has a fiduciary duty to exercise special care with regard to funds she manages for your mother.

  2. James P. Frederick

    Contributor Level 20

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    Answered . I am not sure what Maryland law provides on this. You should check with an attorney. If you have concerns about your sister's honesty, that is certainly a red flag. Of course, if she uses a POA to transfer assets or to personally benefit herself, that would be a clear breach of fiduciary duties, and a court would very likely order her to return all assets to the estate.

    Hopefully, all of you can work together to assist your mother (and each other) as you deal with these very challenging times.

    James Frederick

    *** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and... more
  3. Andrew W. Olsen

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    Contributor Level 9

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    Answered . As the other attorneys have stated, your sister with the poa cannot use your mother's money for her own purposes without being in breach of a fiduciary duty owed to your mother. In order to find out whether your sister has misused property or funds, your mother may be entitled to an accounting. If your sister is unwilling to produce an accounting, you may have rights through the court system to demand one or at least seek a guardianship where an accounting would be required of your sister. I believe you should seek the advice of an elder law or estate planning attorney.

    Legal disclaimer: Unless specifically stated otherwise, this communication shall not be deemed to be legal or tax... more

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