Legal Question in Wills and Trusts in Missouri
Durable Power of Attorney 3rd party protection
I am my mother's power of attorney. She has a section entitled ''Third Party Protection''. My sister has been giving me a bit of trouble, and I was wondering if this section protects me from any action from her.
The section also states:
In no event shall third parties have any duty to inquire into or question the propriety of any act of my attorney in fact.
1 Answer from Attorneys
Re: Durable Power of Attorney 3rd party protection
The clause in your mother's POA designation is only partially effective. Probably no individual has the right to demand an accounting of your actions. But they could request that a Court Order an accounting. Many Missouri Judges view fiduciaries as always subject to the Court's oversight, if they have Jurisdiction over the protected party (your mother). In Short, if yrou sister asks the Circuit Court in the County where your mother lives to Order an accoutning, they just might do it.
Good Luck
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