If I have POA, guardianship and am the excutor of my mother’s Will, do I have to give an accounting to my siblings of every penny I spend for her while she is in my care?

I don’t mind being audited once a year but they want to know and it’s only been 6 months. I feel as if it’s fine for them to know that all I have done is legal, however they don’t need to know details. They take those details back to my mother and she gets mad at me. Also, one of my brothers took family pictures out of my mother’s house with her permission but not mine. My mother has dementia and I feel as if she was tricked into giving these pictures up. He took all of them without regard for the other siblings.

Asked on September 20, 2014 under Estate Planning, Alabama

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

The Powers that have been given you under the various appointments are far reaching and you should discuss them with an attorney in your area to fully understand them.  Now, as a POA - which is durable now in Alabama - it is my understanding that you do not have to give an accounting unless under specific instances (like a court order, etc).  I am giving you a link to the law so that you can read what your powers are.

http://www.ali.state.al.us/documents/Uniform-Power-of-Attorney-Act-draft.pdf

Now, as guardian you must take care of your Mom.  Are you also conservator over her estate or does the POA cover that?  Then you are to safeguard her things.  If she does not have the capacity to give permission for something because she can be easily influenced then you have the power to get things returned.  You have no executor powers until Mom passes and you are appointed.  Good luck.


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