Can I audit the POA of my moms finances? She has terminal cancer
He said if the siblings think that there is going to be money, you are barking up the wrong tree. Then I couple of days later he took that statement back. Recently my mom sent me 4,500 to go towards a car. Then the POA called and said that the financial planner suggested that mom give the siblings 15,000 each now. My mom only has a couple of weeks to live, The POA stated that he has to close all moms accounts, wait to do her taxes next year before he can release what’s left. Can I audit the POA on moms finances ?
2 attorney answers
Mr. Rafter is exactly correct - you need an Elder Law attorney to advise you and help you exercise your right to review transactions made under the power of attorney. You can find an elder law attorney here or at the Virginia Academy of Elder Law Attorneys website www.vaela.org (use the zip code lookup feature to find one near you)
And don't delay - find one now.
Answers provided are general in nature and usually based on Virginia law. If I answer something posted from another state I'm probably out on a limb. Reliance on any answer...
What you do is hire a HI elder law or probate or wills and trusts attorney--that attorney can take steps to get at/to the documents, the POA, and perhaps take steps in court to block some actions, put the Sister and your BIL on notice they are being scrutinized. The POA expires the second your mother passes and the will and executor would take over---if there is no will the State will decide who gets what and who is appointed to administer the estate---all that your HI attorney can take care of.
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