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

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. 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 Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state.


  2. 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.


  3. 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 advice, and no attorney-client relationship shall be deemed to have been created.

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