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Thomas McJD
Thomas McJD, Attorney
Category: Estate Law
Satisfied Customers: 3170
Experience:  Wills, Trusts, Probate & other Estate Matters
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My brother has power of attorney over my fathers estate. My

Customer Question

My brother has power of attorney over my fathers estate. My father has advanced Alzheimer's. My family is not close and I fear that there is the possibility of my brother somehow using the retirement funds for his own benefits. The retirement account is quite large. And it would be split between me and my 2 older siblings when dad passes.
I don't know if he really would do this its just he is always condescending to me. so who really knows.
With al that said. Is there anyway to monitor the funds in my dads accounts? My brother pays for the assisted living which is close to 5000$ a month. He pays it out of my dads retirement. I've seen him write the checks before.
Your help is appreciated.
Submitted: 2 years ago.
Category: Estate Law
Expert:  Richard replied 2 years ago.
Good evening. My name is ***** ***** I look forward to helping you this evening. What you will want to do is challenge your brother's actions under the POA. Being a POA doesn't mean that your dad's estate is your brother's personal piggy bank! A person acting under a Durable Power of Attorney becomes the agent of the principal who appointed him or her. As agent, that person is what the law calls a “fiduciary.” This means that person has a duty to act in the highest good faith for the principal’s benefit. It does not mean that the person can simply use the assets of the principal for the agent's own benefit. In your situation, I would put your brother on written notice by certified letter of the foregoing and let him know that if he does not provide you documentation regarding your dad's assets so you can be assured he is satisfying his fiduciary duty to your dad, including giving you a full accounting of all your dad's assets and money in and out of his accounts and thereafter keeping you informed of the progress, you will be filing a petition with the court to have him removed as POA for breach of his fiduciary duty to your dad and be asking the court to order an audit of your dad's assets. If that fails, file your petition.