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Dwayne B.
Dwayne B., Attorney
Category: Estate Law
Satisfied Customers: 32938
Experience:  Estate Law Expert
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My brother is POA of my parents, which my mother just passed

Customer Question

My brother is POA of my parents, which my mother just passed away at 91. My father is still living at 91, and I found bank statesments where almost 200,000.00 has been taken out. There is four more siblings and we do not have a clue as to where the money has been spent.What rights do we have and does he have a right to take all this money without anyones knowledge? We live in North Carolina
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.

You don't actually have any rights unless you file something with the court. He also doesn't have any responsibility to provide any information to you or the siblings, absent a court order.

As POA he cannot use any of the money for anything except the use of your parents and he is supposed to maintain records although the court is lenient about the amount of records for a POA.

The best solution at this point is for the siblings to get together and hire a local lawyer and then decide what direction to take through the courts. Usually if something like this is happening the best route is for a sibling to request a guardianship and then use those powers to force the one who has been using the POA to provide records, etc. Then, as guardian, all spending, etc. is subject to the court's supervision from that point on although it is a yearly supervision and not something that happens for every transaction.

Please ask any follow up questions in this thread.