Question: Daughter is agent for her mother under a POA. Mother’s brother (agent’s uncle) thinks daughter is mishandling funds. Does the uncle have standing to file a Petition requesting the agent to file an accounting?
Answer: This will vary somewhat from state to state. Generally, if the person who executed the power of attorney is legally incompetent, a family member can petition the Court to have a conservator appointed who then would have authority to request an accounting. This requires a doctor to certify that the person is unable to make rational financial judgments and therefore legally incompetent.
If the uncle suspects that there has been financial abuse, most states also have agencies that will investigate the situation. You can call the Elder Affairs department in your state to find out which agencies handle these matters in your state.
Dagmar M. Pollex, Attorney at Law
The Law Offices of Dagmar M. Pollex, P.C.
Braintree, Massachusetts 02184