Legal Question in Wills and Trusts in Georgia

You can't get a meaningful answer withing giving us he clear facts. Your post makes no sense.

I am assuming that what you are asking is that the agent under a power of attorney, who happens to be your sibling (and the principal is probably your parent) will not give out information so you want to know what is being done, correct?

The answer is it depends. It depends on a whole bunch of information you do not provide. First, who is the principal - the person made the power of attorney? What is their mental state now and what was it when the person signed the power of attorney? Where did the principal live when the power of attorney was executed? Where do they live now? Are they still living in the same state where the power of attorney was executed? What assets did the principal own when the power of attorney was executed? How about now, to the best of your knowledge?

What kind of power of attorney is this? One for finances or health or both? Was the power of attorney drafted by a lawyer? What does the power of attorney say in regards to requiring the power of attorney to file inventories/accountings? If financial, has it been filed? If not, what does the state law say about using a power of attorney that has not been recorded?

The answers to these questions will dictate what you do next. A financial power only concerns finances. Some powers of attorney can be drafted in a way that does not require the power of attorney to file inventories/accountings. States usually require the power of attorney to be recorded when the agent goes to use it. Has it been recorded here? If so, you need to get a copy of it and use it.

Powers of attorneys can be revoked. If the principal is of sound mind, then he or she can simply revoke it and make a new power of attorney if the principal does not like what the agent is doing. If the power of attorney has been recorded then the revocation must also be recorded.

Powers of attorney can always be overridden by guardianship/conservatorship proceedings. In guardianship/conservatorship there are two concepts - guardian of the person and a conservatorship or guardianship of the property. The same person can be in charge of both things or they can be different people. The conservator/guardian of property manages the assets for the principal or ward. The guardian of the person manages the person's support/care and sees to it that they are appropriately housed, clothed, fed, get medical or other care and so on.

To bring a guardianship/conservatorship proceeding, to prevail you must prove that the principal/ward is mentally incompetent and cannot manage his/her financial affairs and/or care for his/her person.

For example, if mother is in a nursing home, is 92, bedridden and has advanced stage of alzheimer's, proving incompetency is not going to be very hard. If father is 62, can get around trusts agent, and is mentally sound, then a challenge is not very likely to succeed.

Guardianship/conservatorship proceedings, like all court proceedings, costs money. The person bringing the guardianship must be ready and willing to assume the duties if successful. Further, the person seeking it has to be able to prove incompetency which will mean talking to the principals doctors or other health care providers and getting information about the principal's condition.

In answer to your question, the agent under a valid power of attorney does not need to provide you with any information just because you happen to be a sibling. Perhaps the agent has a moral duty, but not a legal one. If the power of attorney must under state law provide an inventory and accounting, has the agent done this? If not, perhaps the principal can revoke the power of attorney or perhaps the agent can be removed for misfeasance.

What makes you think there is something funny going on? Is this a situation where the principal had assets before the power of attorney was executed and had very little after the agent was in charge? If so, then the power of attorney probably ought to be revoked and a full accounting demanded by the principal which can then be reviewed. The principal would then be free to pursue legal action against the former agent. If the principal is no longer mentally competent then revocation will not work and you will have to pursue a guardianship proceeding. Once appointed guardian/conservator, the guardian/conservator can demand a full accounting by the prior agent and, if there is misconduct, pursue legal action to try to recover the assets.