The parent should definitely ask for a periodic accounting or if they are incapacitated, the family should ask for a periodic accounting. An attorney-in-fact under a Power of Attorney should keep accurate records of all their expenditures, all the funds coming in and must make certain they do not mingle their own funds with those of the principal. An AIF has sweeping power over all the assets of the principal. Mismanagement could result in the principal losing benefits and entitlements and theft is extremely easy.
The parent should definitely ask for a periodic accounting or if they are incapacitated, the family should ask for a periodic accounting. An attorney-in-fact under a Power of Attorney should keep accurate records of all their expenditures, all the funds coming in and must make certain they do not mingle their own funds with those of the principal. An AIF has sweeping power over all the assets of the principal. Mismanagement could result in the principal losing benefits and entitlements and theft is extremely easy.
The parent should definitely ask for a periodic accounting or if they are incapacitated, the family should ask for a periodic accounting. An attorney-in-fact under a Power of Attorney should keep accurate records of all their expenditures, all the funds coming in and must make certain they do not mingle their own funds with those of the principal. An AIF has sweeping power over all the assets of the principal. Mismanagement could result in the principal losing benefits and entitlements and theft is extremely easy.
The parent should definitely ask for a periodic accounting or if they are incapacitated, the family should ask for a periodic accounting. An attorney-in-fact under a Power of Attorney should keep accurate records of all their expenditures, all the funds coming in and must make certain they do not mingle their own funds with those of the principal. An AIF has sweeping power over all the assets of the principal. Mismanagement could result in the principal losing benefits and entitlements and theft is extremely easy.
The parent should definitely ask for a periodic accounting or if they are incapacitated, the family should ask for a periodic accounting. An attorney-in-fact under a Power of Attorney should keep accurate records of all their expenditures, all the funds coming in and must make certain they do not mingle their own funds with those of the principal. An AIF has sweeping power over all the assets of the principal. Mismanagement could result in the principal losing benefits and entitlements and theft is extremely easy.
Unless the power of attorney otherwise provides, an agent is entitled to reimbursement of expenses reasonably incurred on behalf of the principal.
A power of attorney represents a living person. After their death, you would apply to be executor of their estate with the probate court.
There are none unless it's stated in a will, and or the senior sibling has power of attorney.
It is not typical to pay someone to be power of attorney. Arrangements can certainly be made to compensate them for time and expenses.
Not necessarily. It's not required.
Apply to the probate court for the power. If the circumstances warrant it, they can grant that power.
Power of Attorney is to give the sibling mentioned and acknowledged by the mother to perform their affairs when the mother cannot such as paying bills; investing money, etc., and no one else can take the right away from the Power of Attorney mentioned since the mother requested this person, not even the sibling who is 40 years old and living at home. Once a parent dies the Power of Attorney no longer exists and the Executor (male) or Executrix (female) named will put the Will into Probate which will pay off any debts before the Estate is settled and any property or monies left will be divided as the parent's Will stated.
The power of attorney expires on the death of the principal. The estate is responsible for the debts, and they may request a full accounting from the power of attorney.
Yes, theft can be prosecuted. She can also be sued in a civil court.
You cannot acquire a Power of Attorney for a person who has died. If there is property that must be transferred, and no will, you must petition the probate court to be appointed the Administrator of your deceased sibling's estate.
Of course not! They are confidential records and none of your business. If they have passed on and this is the estate, then a full accounting of the assets have to be filed with the court. If someone else is their power of attorney or guardian, you could petition the court to have them removed.
You had better be able to prove your sibling is squandering your mother's money. If you pretty much know then you are going to have a see a lawyer. Unfortunately, it was a bad idea for your mother to give Power of Attorney because it's pretty binding, but there are laws that come with it, so have it checked out by a lawyer and soon! Good luck Marcy