How to Hold Power of Attorney Accountable

[mcjensen]

My father is disabled with Alzheimers. My brother has POA.
What can I specifically do to hold the POA him accountable? Now, or when my father becomes deceased. Is their some motion I have to file, in some some court? Do I need a lawyer? How much? Is this problem common?
Thanks, MJ

[Scott67]

The answer is, "It depends on the POA." But, assuming that the POA is a general power of attorney covering all financial matters, there is nothing you can do to hold him accountable. If there are limitations stated in the POA and he oversteps the authority of the POA, you could file a civil action against him dealing with the specific violations.

A POA would run for the life of your father. At his death, the assets become his estate, no longer subject to the POA.

[Mr. Knowitall]

Although you failed to follow the instruction to identify your state, if your father is no longer mentally competent you should be able to petition for a conservator to be appointed to manage your father's financial affairs. Unlike the holder of a power of attorney, a conservator's actions are subject to supervision by the court (usually in the form of an annual accounting) with the court positioned to order the restoration of funds that were used improperly.

[Scott67]

Good point. Although, if it is a "Durable Power of Attorney" which contains words similar to "This durable power of attorney shall not be affected by my subsequent disability or incapacity" it seems that would fail unless the POA itself can be challenged. For example, alleging that he was already incapacitated when he executed the POA.

[Mr. Knowitall]

A conservatorship ends a power of attorney for financial affairs, no matter what the grant of POA says.

[mcjensen]

Thanks for all your answers,
Sorry, Florida is the state my father lives in. I have been kept completely out of the information chain by my siblings and my fathers lawyer since 2007, while there have been incredibly wrong things said about me to my father and his lawyer, so he will not speak to me or allow me to visit him.

• Example: The last time I was able to visit him in 2007, my siblings greatly supported my request to have his driver's license revoked, as I witnessed him continually driving dangerously erratic. After I anonymously filled out the proper forms, he was subsequently told by my siblings, that I was the one who did it, and hence he became extremely angry with me, not wanting to see me again.

• 2nd Example Just after I came to visit him then in Florida in 2007 (I live out of the US) I first then realized he had been told by two different heart doctors and specialists that he urgently needed a pacemaker.(he was diagnosed with Alz in 2006) I called the POA, at my fathers request, and relayed his desire to have the pacemaker. The POA approved it since I could stay on, take a leave of absence from work, and be with him throughout the entire surgery and 6 week crucial recovery time. Right after the surgery, the POA told my other siblings that he had not given me approval at all. At that precise point they all went beserk and made my life very difficult during this time I was trying to care for my father during the 6 week recovery from surgery.

Then more wrong things were said about me by the POA to get me out of his house, for example that I had hit him. Subsequently, my father was
kidnapped by my other sibling and brought back to the POA's home in another state.
I was told then by the POA the day after that if I didn't leave his house
the police would be called. So I left.
Since then I have been told not to call him or visit him, etc...
And I'm not even sure what kind of POA my brother has or what it states.
My siblings have obviously convinced his lawyer that I am a danger to him,
and I basically have no say in the matter.
This is where I stand today though my father and I have always had a close relationship before.
Is there anything I can do now and/or later to hold the POA accountable for his actions? Thanks MJ