Legal Question in Family Law in Texas
Problem with a co-power-of-attorney
I am a co-power of attorney for my mother, along with my brother. My mother is currently living with my brother, and I am not happy with a number of things, but what I am writing about is the fact that although he has her money and writes all of her bills, he refuses to send me a report on what he is doing. I have asked for the report many times. Doesn't he have a responsibility to let me know how her money is being spent, since I am also her power of attorney? After six months of not getting a report and asking, I finally went to her bank and since I am on her checking account they let me know what money was spent. That was three months ago, and I guess I will have to go to the bank again.
(We live 400 miles apart - but there is a branch in our town.) But I am upset that he refuses to give me a report. Shouldn't he give me a report when I ask for it?
Thank you for your help!
1 Answer from Attorneys
Re: Problem with a co-power-of-attorney
No. He owes you no duty to report. He is acting on behalf of your mother, not you.
Sounds like your brother is handling the lion's share of caring for your mother, your demand for written reports probably seems pretty unreasonable to him. In this day and age of online banking, do your monitoring of the bank account online or ask that duplicate statements be sent to you.