Can Holder of Power of Attorney Empty Bank Accounts Without Explanation

[Valerie17]

My question involves a power of attorney in the state of: North Dakota
My brother is POA (for 15 year) of my father who is not all there mentally in just the last couple years but has not been declared incompetent.
Dad never handled his finances, my mom did. When Mom died my Father gave my brother
POA. Over the last year I have bank records that shows my brother has been using my
fathers income for himself and has emptied all the savings accounts, CD;s, sold property, etc.
He now refuses to talk to us and Dad says he is intimidated by my brother but fears him and
would never say anything against him. He says he doesn't know what is going on when we point things
out. Dad now has no money left (he had hundreds of thousands). His government pension, nursing home and medical
insurance and SS pay his nursing home with some to spare every month. He had no expenses beyond a few groceries, misc
and clothing for years.
Does my brother have to tell us where the money is? Can he really just do what he wants?
Can he use the bank accounts for his own bills? Vacations? Everything?

[harrylime]

You are running into one of the unfortunate downsides of granting someone a power of attorney. Yes, your brother is breaching his fiduciary responsibilities. Making it right is tough.

Does my brother have to tell us where the money is?

You need to understand that there is no "us" here. The granting of the power of attorney creates a relationship between your father (the principal) and your brother (the agent). You would need to check with a North Dakota attorney familiar with the statutes and case law there, but, in most states, you would not be considered an interested party to that relationship and would have standing to bring legal action on your own. (A number of state legislatures are wrestling with this sort of dilemma and perhaps a few, but not many, have taken some sort of action to expand who are considered interested parties.)

Since your father is not inclined to take action, I would say that your options are:

1) Contact whatever state/county agency in ND deals with elder financial abuse.
2) If you do have decent evidence, contact local law enforcement.
3) Consider applying to the courts for a guardianship/conservatorship for your father.

- - - Updated - - -

...and would have standing to bring legal action on your own.

Yes, there is a word missing there. It should be:

...and would not have standing to bring legal action on your own.