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Dwayne B.
Dwayne B., Attorney
Category: Estate Law
Satisfied Customers: 33147
Experience:  Estate Law Expert
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I have concerns about two people who are "power of

Customer Question

I have concerns about two people who are "power of Attorneys" for my mother, and my father in law. I believe NE requires them to be registered with the state and keep a financial record of all transactions. My brother is taking care of my mother, but a few months ago he moved her to Iowa, where I don't think they require registration or financial reporting. My sister- in- law is taking care of her father: and by the way changed the will while he was under duress and in the first stages of Alzheimer's. Her sister, my wife was originally named in the will as the power of attorney and she appointed herself. I am unable to find if either one is registered with the state. I am concerned that they are mis-using the finances of both elderly persons. My brother kept me out of the sale of our mothers home and I found out he threw a lot of antiques and other valuables into a trash container, keeping a lot for himself without keeping any kind of record. My sister-in-law is keeping her father at home and is paying care people cash to take care of him in the home. She too, I believe is not keeping any records. My first concern is finding out if either one was registered with NE. Thank you
Submitted: 1 year ago.
Category: Estate Law
Expert:  Dwayne B. replied 1 year ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts.

I am not familiar with any Nebraska law that requires a general power of attorney to be registered with the state. What are you looking at that makes you believe you do?

Customer: replied 1 year ago.
On the website for power of attorney, they have application forms, and I read in the laws on that web site, that financial reporting is required.
Expert:  Dwayne B. replied 1 year ago.

No, that's not exactly right and there's no requirement that they register with the state in NE. A long time ago people would file their POAs at the local courthouse but that was never required, they just did it so everyone knew where they could be found but that hasn't been common for twenty years or more.

Financial reporting can be required at some point if someone raises an issue through the court about an improper use of the POA.

There really is no location where POAs are kept, other than by the people involved and probably the lawyer who drafted it for them if they used a lawyer.

If you believe something improper is being done then you can retain an attorney and file a lawsuit to seek an accounting. You can also seek a guardianship if the person is unable to care for themselves and their business and, if you are awarded guardianship, then all POAs are automatically revoked.

Customer: replied 1 year ago.
Thank you for your help. I guess I will have to contact a NE lawyer and see what I can do to get some information. My brother and I have not been speaking for some time because of what is going on with my parents estate. He was instrumental in getting our father to an early grave....which I should have had the police investigate at the time...
Expert:  Dwayne B. replied 1 year ago.

That is the wisest course at this time.

If your question has been answered completely then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work.

Of course, please feel free to ask any follow up questions in this thread.