Proof of Financial Expenditures

compassion · Feb 15, 2005

What is the name of your state?What is the name of your state?

California is the state everyone in this family including myself live in. I have asked for verification of expenditures from my sibling (to no avail) who says he has POA . I believe it is in the best interest for ALL involved to have this done now while our remaining parent is still alive yet living in a home for those who have dementias. I've communicated to the sibling with POA that I feel it is respectful and honest to send to family members an accounting of expenditures. I've been around long enough to see how falliable people can be and how rationalization of effort and time can be overvalued and undervalued. So many times jealousy or entitlement get out of control, the parent's needs and wants are not acknoweldged and only the one who feels justified receives ALL the monies of the parent's lifetime. I am without funds to hire an attorney. First and foremost I concerned about father's requests and wishes being acknowledged now and after his passing.

What are the steps I can take to get an "accounting" of my father's finances, the value of his estate (from previous years to the present), verification of legal documents like POA and living trust, wills, etc. and what money has been spent etc. It's important to know Dad's financial status as the POA sibling has made decisions that are contrary to what I believe Dad can afford and are in his best interest.

I very much appreciate your time with regards to this query.

BlondiePB · Feb 15, 2005

compassion said:
What is the name of your state?What is the name of your state?

California is the state everyone in this family including myself live in. I have asked for verification of expenditures from my sibling (to no avail) who says he has POA . I believe it is in the best interest for ALL involved to have this done now while our remaining parent is still alive yet living in a home for those who have dementias. I've communicated to the sibling with POA that I feel it is respectful and honest to send to family members an accounting of expenditures. I've been around long enough to see how falliable people can be and how rationalization of effort and time can be overvalued and undervalued. So many times jealousy or entitlement get out of control, the parent's needs and wants are not acknoweldged and only the one who feels justified receives ALL the monies of the parent's lifetime. I am without funds to hire an attorney. First and foremost I concerned about father's requests and wishes being acknowledged now and after his passing.

What are the steps I can take to get an "accounting" of my father's finances, the value of his estate (from previous years to the present), verification of legal documents like POA and living trust, wills, etc. and what money has been spent etc. It's important to know Dad's financial status as the POA sibling has made decisions that are contrary to what I believe Dad can afford and are in his best interest.

I very much appreciate your time with regards to this query.

Without any legal authorization, you cannot make the POA submit anything. Perhaps a conservatorship for dad would be best. The conservator has to report to the court for every penny of the ward's assests.

compassion · Feb 16, 2005

Is Power of Attorney is Ripe for Abuse?

So there is nothing in the law that states that the person with POA must have some semblance of accountabilty? If that is true then abuse of it's unbrideled power may be rampant. Isn't there a simple way (or remedy) for concerned family members to be apprised that a parent is being compassionately cared for emotionally and financially? Especially a parent who is perceived by some as unable to care for himself?

BlondiePB · Feb 16, 2005

So there is nothing in the law that states that the person with POA must have some semblance of accountabilty?

There is something in the laws that makes the POA accountable. The problem is that you do not have the legal authority to make the POA produce documentation.

If that is true then abuse of it's unbrideled power may be rampant.

POA abuse is quite rampant.

Isn't there a simple way (or remedy) for concerned family members to be apprised that a parent is being compassionately cared for emotionally and financially? Especially a parent who is perceived by some as unable to care for himself?

Please read up on the elder abuse statues for CA. If you do suspect financial exploitation, etc. then call Adult Protective Services. APS has the legal authorization and means to investigate. Should APS warrant that your parent requires a conservator/guardian, APS will petition the court. The conservator/guardian must account to the court for the ward's estate and the ward's care. When things are not "in order", the conservator/guardian will have to answer to the judge.

Proof of Financial Expenditures

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compassion

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BlondiePB

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compassion

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BlondiePB

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