Legal Question in Wills and Trusts in New York
if a sibling has the POA for a parent, shouldn't they disclose the contents of the POA with the other siblings?
2 Answers from Attorneys
This is an ethical question, not a legal one. Sorry we can't help. If you feel that your sibling is using the POA improperly, then you should raise this issue with your parent. If your parent is not able to respond to this, you should consult an attorney. It may, unfortunately, require a guardianship proceeding, which is what advanced directives like POA are designed to prevent.
I agree with Yana, as the only duty to disclose is to the grantor of the power. Fairnes and honesty say everything that is done should be reported, but thus is not always done. This has led to numerous items of litigation, so all sides should be prepared..