When and how can I compel an accounting ofsomeone holding a durable POA?

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When and how can I compel an accounting ofsomeone holding a durable POA?

My brother has durable power of attorney over my mother who has alzheimers and lives in a nursing home somewhere in NJ. Though he has refused to tell me where she lives now, what proper action can I take to see my mother? What rights do I have? I would like a full accounting and overview of his management of her funds since he became POA. How can that be done? Will that be done when she is deceased?

Asked on July 22, 2011 New Jersey

Answers:

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

Answered 10 years ago | Contributor

I am so sorry for your situation and for your Mother's condition.  Her condition is hard enough on you to have to worry about your brother.  You have two options here:  you can wait until your Mother passes away (the POA dies with her) and then ask to be appointed as the fiduciary or personal representative of her estate and then demand that he account for his dealings.  But at that point in time he may have dissipated  - used up or squandered - all of her funds and assets.  The you would have the right to sue him but if the estate is broke you would be footing the bill.  And if he is broke then where would you be?  So what you can do is to petition the court to be the conservator of her estate now and to rescind the POA.  You would then have the power to go through her books, so to speak.  Speak with an attorney in your area.  Good luck.


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