Does a son have a legal right toget and reviewhis mother’s financials from a sister who has POA?

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Does a son have a legal right toget and reviewhis mother’s financials from a sister who has POA?

Asked on July 30, 2011 Florida

Answers:

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

Answered 9 years ago | Contributor

I am trying to figure out the scenario of the situation. Your sister is the POA of your elderly mother and you are unsure that she is acting in the proper way in her capacity as a fiduciary?  Is your Mother still of active mind and able to "fire" your sister if need be?  Becuase she can revoke the POA at any time with notice to her.  And she should probably give notice to any bank, etc., as well.  If your Mother is not of sound mind then you may have to challeneg the matter in court and have her removed and ask that you be appointed as the conservator of your mother and her estate.  Otherwise, she has a fiducairy obligation to your Mother and just showing you her financials seems to be going against that duty.   

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

Answered 9 years ago | Contributor

I am trying to figure out the scenario of the situation. Your sister is the POA of your elderly mother and you are unsure that she is acting in the proper way in her capacity as a fiduciary?  Is your Mother still of active mind and able to "fire" your sister if need be?  Becuase she can revoke the POA at any time with notice to her.  And she should probably give notice to any bank, etc., as well.  If your Mother is not of sound mind then you may have to challeneg the matter in court and have her removed and ask that you be appointed as the conservator of your mother and her estate.  Otherwise, she has a fiducairy obligation to your Mother and just showing you her financials seems to be going against that duty.   


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