What to do if my sister I have “collective” power of attorney for my dad but she has taken control of his affairs?

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What to do if my sister I have “collective” power of attorney for my dad but she has taken control of his affairs?

About 2 weeks ago he was admitted to hospice and can no longer handle his affairs. He is out of state and my sister is working with my uncle (wholives in the same state as my dad) has gone behind my back and has transferred dad’s mail to her home and has also somehow gotten access to his bank account and investment information etc. She is not sharing any of this iwith me. She is writing his bank account checks to pay his bills and I can’t understand why as “collective” POA’s my signature is not required on his checks and access to his other information.

Asked on April 7, 2012 under Estate Planning, North Carolina

Answers:

Steven Fromm / Steven J Fromm & Associates, P.C.

Answered 12 years ago | Contributor

Get an estates attorney immediately to review the document and to protect your interests here.  Do this immediately.

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

I am so sorry for the situation.  Please take the document to an attorney in your area to review under state law.  It really depends on how it reads.  Some times POA's can act independently so she has not really gone beyond the scope of the POA and her duties, but you should be involved as well.  You are going to need an attorney to help make that clear.  Good luck.


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