Legal Question in Wills and Trusts in New Jersey

Re: power of attorney

No, she is not allowed to take their assets. However, and this is a real problem, if she mishandles or misuses their assets, it may be very hard to prove it and even harder to get the money back.

This kind of problem is complex. You may want to consult an attorney and take action sooner rather than later.

Re: power of attorney

The answer to your question would depend upon the specific powers granted in the Power of Attorney. In addition, just because she may have the 'right' to do something under the Power of Attorney [e.g. transfer assets] does not mean she legally can do so becuase she has a fiduciary duty to both your parents and to the other potential heirs of your parent's estates.

Whether you hire an attorney to get involved now or only after one of your parents dies, is up to you, but from your post, it seems like you may want to be proactive, especially if you believe your sister may be misappropriating your parents assets.

Re: power of attorney

I agree with the other authors that the authorization of the holder of the POA are spelled out in the document. Plus, the holder is held to fiduciary responsibility, which allows no self-dealing. Presumably this means they must act fairly and cannot do anything improper. Abuse of power frequently occurs, and this might not be discovered until one or both of your parents is deceased, and may make recovery of misappropriated assets impossible. You could consider some tactful way of asking your sister to regulalrly account to the siblings of her activities on behalf of your parents. Contact me directly if you need any assistance.