Legal Question in Wills and Trusts in New Hampshire
Can heirs sue person with POA after ward's death?
Before grandmother died, her oldest daughter got POA in court. Both daughters were to get grandmother's house after her death and remaining money in her account was to go to us, the four grandchildren, equally. Oldest daughter (aunt/mother to grandchildren) used over $60k to fix up the house (grandmother lived with her younger daughter and the house was being rented out). She also paid her husband an unknown amount to do 'maintenence' on the house. They knew the house would be theirs shortly and were trying to boost the value. They also said they were trying to spend down all of her money so she would go on Medicaid.
We (the grandchildren) think this isn't what the person with POA should have done. The daughters are selling the house so they could replace the money.
Can we as beneficiaries request accounting of grandmother's accounts while she had POA, or take her to court in this case, though?
1 Answer from Attorneys
Re: Can heirs sue person with POA after ward's death?
Some of the information you provided has me a little confused. The probate court does not grant a power of attorney. The probate court appoints a guardian. In either event, the person performing tasks on behalf of another is under a fiduciary duty. They have a duty to account for their actions either to the principal or to the court, possibly to both.
The facts you relate are somewhat complex. You probably have a case suitable for judicial review. However, more details would be needed to provide further advice. It would be a good idea for you to meet with an attorney who can fully advise you as to your rights.
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