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Elder Law, Powers of Attorney, Living Wills (Advance Health Care Directives) : Includes Court Appointed Conservatorship, Elder Abuse, Durable Powers of Attorney, etc.
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Old 10-03-2009, 02:18 PM
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co-executor


What is the name of your state (only U.S. law)? I live in Arizona and my sister lives in Idaho where my elderly mother resides. My sister and I are listed as co-executors of my mothers will and both names are on her bank account in the event that she cannot responsibly care for herself. She lives in an assisted living center and is very ill. I recently found out the my sister obtained an "absolute Power of Attorney" and has full control of the bank account and all my mothers possessions, stocks, bonds, assets, insurance information, etc, I attempted to get access to that information and she called the police on me and the police told her that I had a right to whatever information I was seeking so she gave me a very small amt of access to it but it was not what I needed,

My question is this: what legal rights do I have in this matter. I am afraid that she can and will change the will,, etc and completely freeze me out. What can I do?
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Old 10-03-2009, 07:00 PM
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Quote:
...and the police told her that I had a right to whatever information I was seeking ...
If the police told her that, they were out of line. The police should not be offering legal opinions. If you are a co-owner of the bank account ("both names are on her bank account" is not very specific), you should be able to obtain information about that account. Otherwise, you only have a right to whatever information your mother wishes to give you.

Being named co-executor in her will means nothing until she passes away.

Quote:
My question is this: what legal rights do I have in this matter. I am afraid that she can and will change the will,, etc and completely freeze me out. What can I do?
With regard to the will, you can contest it when your mother passes away.
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