From our “Ask a Question” Mailbag: Philadelphia Power of Attorney Formal Accounting

Most Recently Updated July 26, 2018.

“My mother has Alzheimer’s, and my uncle has been handling her money for several years as her power of attorney. My sister and I are not given any information about how he is handling her money. Recently, he took his family on a long cruise that I know he could never afford with his own money. My sister and I feel he must have used our mother’s money to pay for his vacation. What can we do?”

Philadelphia Power of Attorney Formal Accounting

Philadelphia Power of Attorney Formal Accounting

Your mother’s Power of Attorney names your uncle as her “Agent.” As Agent, he has a fiduciary duty to use those powers to care for your mother. In Pennsylvania, the Agent is given broad powers and very little oversight, but an interested person being able to easily get a court order for the Agent to account for every penny counter balances this flexibility.

You could have an attorney experienced in the Orphans’ Court file a Petition to force your uncle to account. If he provides you with information that satisfies you, then you can withdraw the petition. But, if it appears that your uncle has acted wrongfully, the court can force your uncle to put back money and appoint a Guardian of the Estatefor your mother.

Further Estate Litigation Questions?

Agent wrongdoing is only one of many Estate Litigation issues our firm addresses. Consequently, if you want to learn more, please read my more detailed article, Trust and Estate Litigation All You Need to Know.

In Conclusion: Philadelphia Power of Attorney Formal Accounting

I hope that this article was helpful in explaining how to handle agent wrongdoing. Further, I included links to even more detailed information on my website. Therefore, please contact me and let me know how I did. Certainly, your comments and questions are welcome!

Let our Litigation Lawyers help walk you through what can be a confusing process. To begin with, call to speak to one of our experienced Litigation Attorneys.  By all means, our lawyers are ready to answer your questions. In fact, feel free to contact our office for a free consultation. Ultimately our goal is to put our 25 years of estate litigation experience to work for you.

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Tags: Breach of Fiduciary Duty, Duties and Responsibilities, Estate Litigation, Estate Litigation Attorney, Estate Litigation Lawyer, Fiduciary Duty, Formal Accounting, Pennsylvania, Philadelphia, Power of Attorney, Standard of Care for Fiduciaries