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Audit

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allisonp320

Junior Member
I have a friend that is on life support and made me his power imo attorney. His wishes were to have an audit done on the estate his parents left him and his brother and sister after they passed over two years ago. His sister was in charge of settling the estate but still has yet to do so. He suspected foul play on the sister's part of handling the estate. Do I have the right to suggest to the court to do an audit?
 


Zigner

Senior Member, Non-Attorney
I have a friend that is on life support and made me his power imo attorney. His wishes were to have an audit done on the estate his parents left him and his brother and sister after they passed over two years ago. His sister was in charge of settling the estate but still has yet to do so. He suspected foul play on the sister's part of handling the estate. Do I have the right to suggest to the court to do an audit?
What type of power of attorney document was used to appoint you as his attorney-in-fact?

EDIT: You cannot take any legal actions on his behalf because you are not his attorney. This use of the word "attorney" is different than that used in a "Power of Attorney" document.
 

LdiJ

Senior Member
Also, does your friend have any next of kin? Who will inherit from him if he passes away?
 

zddoodah

Active Member
I have a friend that is on life support and made me his power imo attorney.
What you mean is that your friend executed a power of attorney ("POA") that appoints you as his attorney-in-fact/agent. What is the scope of authority granted by the POA, and in what state do you and your friend reside? Is the POA a durable POA? Is your friend still competent despite being on life support? What is his current prognosis? In case you don't know, the authority conferred by the POA will terminate upon his death.


His wishes were to have an audit done on the estate his parents left him and his brother and sister after they passed over two years ago.
Not really sure what this means. His parents didn't have an estate. Each of his mother and father had an estate. Two estates total. When exactly did the parents die? Were both estates probated? If so, is either of them still open? Especially since your friend is on life support, what exactly does he hope to achieve by conducting an audit? Maybe you meant that there's a trust? Is his desire to have an audit done memorialized in the POA (or in some other writing)?


His sister was in charge of settling the estate but still has yet to do so.
Which estate? His mother's or his father's?


Do I have the right to suggest to the court to do an audit?
As an attorney-in-fact pursuant to a POA, you have no rights whatsoever. A POA confers authority and obligations; it confers no rights. Depending on the answers to the questions I've asked, you may have the authority to retain an attorney to represent your friend in a pending probate action.
 

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