Legal Question in Elder Law in Missouri

Power of Attorney

Mother in nursing home in Missouri. Her mental state is very poor. Son has power of attorney and daughter has power of attorney in event son is unable for some reason. Son lives near mother in Mo. Daughter lives in another state. Daughter has been advised that her brother is changing names on CD's and checking accounts & hiding assets from sister so that when mother passes, all money will go directly to brother . Daughter has asked her brother to provide her with mothers financial information as well as expenses and location of mothers personal belongings. Brother has stated in the past that all sister needs to know is that things are being taken care of. He will not provide sister with any information. What is sister legally entitled to know and what can she do to get this information. Sister has been told by mother that she is co-executor on will but sister has not seen will and brother will not tell her the location of the will. Please advise what options sister has.


Asked on 9/28/07, 10:41 am

1 Answer from Attorneys
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: Power of Attorney

A durable power of attorney acts as a fiduciary, which means he cannot take actions that benefit anyone other than the principal (mother). In this case taking assets and changing CD names would be inappropriate, and likey amounts to fraud on the principal because the principal set up those things in the way she did for a reason.

DPA is voluntary. It can be overridden by a request to appoint a guardian and conservator. The guardian and conservator acts for the best interest of the estate and is supervised by the court.

You should talk to an attorney in the county where your mother lives and get a guardianship/conservatorship action on file right away.

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Answered on 9/28/07, 11:01 am


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