What to do if my sister I have “collective” power of attorney for my dad but she has taken control of his affairs?

Get Legal Help Today

 Secured with SHA-256 Encryption

What to do if my sister I have “collective” power of attorney for my dad but she has taken control of his affairs?

About 2 weeks ago he was admitted to hospice and can no longer handle his affairs. He is out of state and my sister is working with my uncle (wholives in the same state as my dad) has gone behind my back and has transferred dad’s mail to her home and has also somehow gotten access to his bank account and investment information etc. She is not sharing any of this iwith me. She is writing his bank account checks to pay his bills and I can’t understand why as “collective” POA’s my signature is not required on his checks and access to his other information.

Asked on April 7, 2012 under Estate Planning, North Carolina

Answers:

Steven Fromm / Steven J Fromm & Associates, P.C.

Answered 9 years ago | Contributor

Get an estates attorney immediately to review the document and to protect your interests here.  Do this immediately.

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

Answered 9 years ago | Contributor

I am so sorry for the situation.  Please take the document to an attorney in your area to review under state law.  It really depends on how it reads.  Some times POA's can act independently so she has not really gone beyond the scope of the POA and her duties, but you should be involved as well.  You are going to need an attorney to help make that clear.  Good luck.


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 with SHA-256 Encryption