Sibling Abusing Power of Attorney

Abuse of POA and Sibling Conflicts

Power Of Attorney is a legally binding document that enables another person-referred to as the “agent”-to intervene in place of the signer-referred to as the “principal”-in legal, medical power, financial power, or any other affairs. If your elderly parent is ill, recuperating from injury, or doesn’t feel comfortable managing their financial affairs, you, as their sibling, might look into getting a POA. You or your parent can structure the POA as lenient or stringent as necessary.

Giving legal authority to a sibling for attorney’s power over specific financial matters is relatively frequent and logical. Conflicts between siblings are a prevalent setting for the abuse of POA. Nevertheless, if a dispute emerges between the principal’s siblings, a power of attorney held by one of those children sometimes results in further, frequently quite emotional disputes.

Among the most crucial estate documentation is a power of attorney, but conflicts with other siblings may arise when only one sibling is mentioned. Regardless of your position, it’s critical to understand your limitations and rights.

Making a power of attorney can result in potential future lawsuits if parents pick the wrong sibling to serve as the POA because there’s such a high likelihood that disputes and fraudulent activities would occur.

POA Prevention and Management Techniques Sibling Discord

Family ties are delicate, with or without a power of attorney, and arguments occasionally are unavoidable. Conflicts with POAs may arise; therefore, you should be prepared to handle them. Following are some strategies for resolving sibling disputes that you can use from the agent’s, Principal’s, or third-person perspectives:

Right to information

You don’t have to know who your parent selected as an agent. Additionally, the agent acting under the POA is not required to tell other relatives anything about the parent.

Allow the parent access.

Unless doing so is in the principal’s best interests, the agent has no power to forbid siblings from speaking to or seeing their parents. They must keep to their fiduciary duty.

Give the kids the role of co-agent or joint.

Making all children agents and dividing responsibilities is the most straightforward approach to prevent arguments amongst siblings.

Revocation of the POA.

A parent may revoke the POA for any cause, provided they are competent. The parent must notify the former agent in writing of the revocation. Some reasons revocation was deemed necessary were due to the following:

1. Financial abuse to the bank accounts didn’t pay bills, bad financial habits,
2. Financial abuse of life insurance policy,
3. Not managing financial records and financial decisions hurt the parent’s money.
4. Agent steals the principal’s property.

Take the agent’s power of attorney away.

When the principal is incapable of making decisions, and other relatives disagree with the chosen agent, they could fill out a petition and submit it to the relevant court to remove the responsibility from the troublesome sibling. An elder law attorney like Hess-Verdon can help! Cal 949-706-7300.

Can a sibling impede your older parent’s visitation?

Sadly, there are certain circumstances where a sibling might try to stop you from visiting an old parent. If this happens to you, it’s critical to be aware of your legal options and take steps to safeguard your ability to visit and assist with caring for your parent.

Sister abusing her power of attorney

If there are concerns that an attorney-in-fact is abusing their power of attorney, siblings or interested parties can challenge this agent by filing a court petition detailing why the person in question should no longer hold this role, so as to safeguard their interests and ensure ethical management.

Power of attorney responsibilities to siblings

A Power of Attorney (POA) holder must prioritize the best interests of the represented individual, making decisions that are fair and just. If siblings feel the actions taken by the POA holder are unjust, they have the legal right to challenge those actions in court.

Power of attorney abuse cases

Old rivalries and enmities amongst offspring frequently reappear when the baby boomer generation ages and needs more help from their grandchildren and children. It’s especially true when children must care for their parents and handle their possessions due to the development of Alzheimer’s and other health issues.

One sibling may block another from visiting their aging parent for various reasons.

• An ongoing conflict between siblings.
• Jealousy at taking on the position of a full-time caretaker, offering emotional and financial assistance, and going on grocery runs and to the doctor.
• There are disagreements over who can best care for their aging parents.

Arrange a family gathering and attempt to speak to your relative about the issue if they are stopping you from visiting your elderly parent. There can be a misinterpretation, or your older siblings’ actions could be motivated by concern for their parent’s welfare. Don’t allow the power of attorney abuse to continue.

You should advise your parent to create the proper estate planning legal document agreements if you still communicate with them and feel that a domineering sibling (or someone outside the family, such as a neighbor or housekeeper) is taking full advantage of them. It can protect your family from subsequently being caught off guard by problems.

All parties concerned, such as the home, substitute decision-makers, family members, and the elderly adult, are urged to seek legal counsel in disputes about who is permitted to see an older adult so that they’re fully aware of their responsibilities and obligations. Consult your trust lawyer about these matters.

Take away

Call a probate litigation law firm to discuss and evaluate your legal alternatives if you believe a family member serving as your POA is misusing their financial authority. Before a suit is brought in civil court, you can resolve most POA conflicts through mediation or negotiated settlements. An attorney can assist you in revoking or amending a power of attorney and in your efforts to locate any lost property or funds.

If a sibling misuses their POA, a professional attorney general is here to assist you. They prioritize going over and above for every client and have years of combined legal experience. If you decide to work with them, they take their time to understand you, your family, and the things most important to you. Then, they develop a unique plan to safeguard your family members. Rest assured that they will inform you at every stage.

It can be challenging to realize that your brother is endangering your parents, but you don’t have to handle this scenario alone.