What can I do if my father’s POA refuses to give me my father’s financial records or ledgers showing where his money and or investments went?
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What can I do if my father’s POA refuses to give me my father’s financial records or ledgers showing where his money and or investments went?
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Asked on June 7, 2013 under Estate Planning, West Virginia
Answers:
Nathan Wagner / Law Office of Nathan Wagner
Answered 10 years ago | Contributor
You can talk to your father about his financial records or ledgers. The Attorney-in-Fact (that is, the person your father granted a power of attorney to) has no obligation to give you your father's confidential financial information, unless your father instructs them to give it to you.
If you father has passed away, then that person is no longer your father's Attorney-in-Fact. Powers of attorney are only effective during the person's lifetime. If you need the records to manage your father's estate, a probate court can issue a subpoena to the former-Attorney-in-Fact, which will require them to turn over the records.
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