Legal Question in Wills and Trusts in New York

if a sibling has the POA for a parent, shouldn't they disclose the contents of the POA with the other siblings?


Asked on 6/27/10, 1:46 pm

2 Answers from Attorneys

Yana Feldman Melnik Law Group

This is an ethical question, not a legal one. Sorry we can't help. If you feel that your sibling is using the POA improperly, then you should raise this issue with your parent. If your parent is not able to respond to this, you should consult an attorney. It may, unfortunately, require a guardianship proceeding, which is what advanced directives like POA are designed to prevent.

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Answered on 6/28/10, 6:33 am
Walter LeVine Walter D. LeVine, Esq.

I agree with Yana, as the only duty to disclose is to the grantor of the power. Fairnes and honesty say everything that is done should be reported, but thus is not always done. This has led to numerous items of litigation, so all sides should be prepared..

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Answered on 6/28/10, 11:50 am


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