Legal Question in Wills and Trusts in Virginia

Rights of siblings to question ''Power of Attourney''

My widowed mother requires'round the clock care and for several years my sister(who has ''Power of Attourney'')has been staying with her and managing her finances. Up until now, her monthly income has been enough to take care of her needs and there has been no accountability as to how my sister has used Mother's money. However, now Mother is in a nursing home and it will be necessary to start using her savings to cover the costs. Do my brother and I have any right to ask for an accounting of how this money is dispursed? Do we have a voice re: sale of house, furnishings, etc? Can we ask to see a copy of Mother's will? Can she have our mother decared ''incompitent'' in order to have complete control? Whenever I try to inquire as to any of Mother's business, my sister gets very angy and closes me out. My brother and I both live a distance away in other states, and would just like to know what our rights are.


Asked on 8/31/06, 9:40 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Rights of siblings to question ''Power of Attourney''

You and/or your brother could make application to the Clerk of the Probate Division of the Circuit Court in the locality where your mother

resides and ask to be appointed (joint)conservators for her affairs which would give you complete control over all of her financial matters. You would, of course, need to be prepared to present to the court proof as to why the current power of attorney arrangement with your sister is not working and should be replaced with a court-ordered conservatorship.

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Answered on 9/05/06, 1:50 pm


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