1. How do I find out if he is misusing her money?
Because the agent to a POA is acting as the principle (the person who granted the POA), this information is as confidential as it would be if the principle were acting on her own behalf. For this reason, the involuntary investigation into the rogue actions of an agent generally occurs as part of a court proceeding. Such proceeding is initiated by the petition or filing of a suit against the agent by an interested party (usually a relative) when there is reason to believe abuse of the POA is occurring. Common causes of action under which such suit is brought include alleging breach of fiduciary duty
, that the agent is acting outside his authority (such as by taking actions that the language of the POA simply does not expressly permit), that the person who granted the POA lacked the requisite capacity to do so, that the creation of the POA did not follow proper formalities, or whatever other cause of action facts and circumstances permit.
This suit like any other is best pursued with the assistance of an attorney, especially when money or property are involved. If you cannot afford a lawyer, then you are may contact legal aid for no cost representation
. Cases involving possible elder abuse typically receive higher priority consideration. If you must proceed on your own, you may contact the court for forms, or consult the legal section of your library. You may also contact AARP for resources and materials having to do with crimes against the elderly, and report any fraud or abuse to the authorities.
2. Can he be forced to provide a financial statement as to where and how her money is being used?
As part of the court proceeding, the court often will want to see the financial records. These records may also be subpoenaed, and any abusive activities identified used as evidence in any argument to have the agent removed from his position.