Legal Question in Wills and Trusts in Canada
will
is the power of attorney-responsible to provide documentation of where moneys were spent while in control of the estate??
2 Answers from Attorneys
Re: will
Yes.
The attorney must account for all actions taken as attorney and must provide proof of the legitimacy of those actions by way of documents or sworn evidence.
Re: will
Assuming you are in Michigan which I think is the case, an attorney-in-fact under a durable power of attorney is a fiduciary and must act in the best interests of their principal at all times. Also dpoa usually establishes a confidential relationship and any self dealing their is a presumption of undue influence.
You can force a person thru a probate petition to provide an accounting. We can help, we specialize in this area. I invite you to our webstite www.brmmlaw.com
Don
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