If I have durable power of attorney/advance Will directive for my parent, do I still need to provide an accounting of any and all transactions?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If I have durable power of attorney/advance Will directive for my parent, do I still need to provide an accounting of any and all transactions?

Siblings were recently denied conservatorship in court. We had a joint checking before the power of attorney and have not given the siblings any copies of the legal documents at the parent’s request. My parent is currently, mentally incapable and living in assisted living. The only thing available is the monthly check and not enough to cover the living expenses. I pay the difference from my own pocket.

Asked on August 15, 2014 under Estate Planning, California

Answers:

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

Answered 9 years ago | Contributor

If your siblings believe that you are mismanaging the funds of your parent then they can ask the court to compel an accounting. Given what you have said here, I would keep very good records of every transaction with this bunch because when it comes time to probate the estate they are going to want to know EVERYTHING.  Good luck.  Your parents are lucky to have you.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption