Ask a Lawyer and Get Answers to Your Legal Questions
Good afternoon. My name is ***** ***** I look forward to helping you.
What your husband will need to do is challenge his brother's actions under the POA. Being a POA doesn't mean that his mom's estate is the 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 tell your husband to put his brother on written notice by certified letter of the foregoing and let him know that if your husband is not provided access and does not provide documentation regarding mom's assets so your husband can be assured brother is satisfying his fiduciary duty to mom, including giving your husband a full accounting of all mom's assets and money in and out of her accounts and thereafter keeping your husband informed of the progress, he will be filing a petition with the court to have him removed as POA for breach of his fiduciary duty to mom and be asking the court to order an audit of mom's accounts. If that fails, your husband should file the petition.
Thank you so much for allowing me to help you with your questions. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as OK, Good or Excellent (hopefully Good or Excellent). Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating!