Sister abusing POA??

[tacimus]

What is the name of your state (only U.S. law)?
TX
My mother had major stroke 1.5 years ago. Sister has POA. Sister is living in mothers house rent and bill free.Sister has not disclosed any financial information and resents any questions from me or my 2 brothers.We brothers want to know what is going on and she refuses to discuss anything.
My mother has no chance of ever returning home.The brothers want to make sure that my mother has enough money to stay in a nice nursing home.I have a sick feeling my sister is enriching herself at my mothers expense. How can we brothers get some financial transparency.What is the name of your state (only U.S. law)?

 

[latigo]

You have but two choices. You can either continue to complain and fruitlessly beseech the sister to clean up her act and suffer mounting frustrations.

Or you can stand up to sister and be given legal control of mother’s personal and financial affairs.

If you choose to stand up to sister, then you MUST hire an attorney to proceed with an application in probate court for the appointment of one or more of you as both Guardian of the Person and the Conservator of your mother’s assets.

Once the Conservatorship is in place, whatever authority the sister is purportedly exercising in her mother’s name can be immediately stopped by a simple written notice to that effect.

If you feel there is factual evidence to support wrongdoing, a court action can be brought against the sister by the Conservator asking the court to order the sister to submit an accounting of all of her financial activities under the POA and to produce all related documents.

If the accounting reveals substantial misuse of the mother’s assets, an appropriate money judgment can be issued against the sister.

If need be, the Conservator can have her ejected from the mother’s home.

HOWEVER, don’t expect any of this to come about without professional help. Because it ain’t going to happen!

Sax

 

[tacimus]

Thanks for your help Latigo