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Sister is POA, how do I find out how Mom's money was spent?

I want details regarding the spending of my Moms money. She is in a memory care home now and my sister is on my mom's checking account. She sold my Mom's house and everything in it. I want to know how much the household items were sold for or whom they were given to. I want to know if Mom's bills were paid off, example, Nordstrom, Union 76. My sister will not tell me so how can I find this information out?
Status: Open    Dec 02, 2016 - 07:50 AM

Elder Law

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Expert Answers

Dec 07, 2016 - 08:41 AM

There are only two ways I can think of: 1. File a petition for guardianship and/or conservatorship and ask to be appointed. Many states give a preference to the person holding power of attorney. Even if she is appointed you could ask the court to force an accounting. 2. File a lawsuit alleging elder abuse and ask for an accounting in that action. Both are drastic measures and should only be used as a last resort.

Dec 07, 2016 - 10:21 AM

You would have to resort to a court proceeding filed against your sister on behalf of your mother. You would ask the court to order your sister to produce a financial accounting for all of her activities as power of attorney. Another route would be to ask the court to appoint someone else to handle your mother's affairs and this person (called a guardian or conservator) could look into those past affairs. Either way, if your sister will not respond to a request for information, you will probably need to turn to the courts. I recommend you contact a local attorney to assist you with this process.

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