Legal Question in Elder Law in Washington
Legal Disclosures
If my brother is Power of Attorney for my Mother. What disclosures am I legally entitled to as a sibling?
Can I ask to see his Power of Attorney paper so I know what he is legally allowed to do and not do?
If my brother is rearranging my Mother's financial affairs can I ask him what he is doing with her money?
Thanks,
Sandra
1 Answer from Attorneys
Re: Legal Disclosures
You should ask him to see the POA. If he doesn't agree to give you a copy or show it to you, I would be suspicious. You should also speak with your mother, of course, if she is still cogent.
If you are suspicious for this or any other reason, the best thing for you to do is contact Adult Protective Services, which is part of the Department of Social and Health Services. You can start with calling 1.800.ENDHARM and get the right number for your county from them.
Even if your brother has a POA, he could be mishandling your mother's finances or not taking adequate physical care of her.
If that is the case, the next step would be to start a guardianship action and have the POA revoked and/or have another person appointed as either representative payee (for finances) or guardian (for personal decisions).
For more information about POA's, look at chapter 11.94 RCW. http://apps.leg.wa.gov/RCW/default.aspx?cite=11.94
For more information about guardianships, look at chapter 11.88 RCW. http://apps.leg.wa.gov/RCW/default.aspx?cite=11.88
I handle guardianships in Thurston, Kitsap, Mason, and Jefferson Counties. Let me know if I can be of any assistance.
One more thing - if your mother is in IMMEDIATE physical or financial harm, call the local police or sheriff's office. I know of some real horror stories.
Merry Kogut
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