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What Should I Do If the Bank Won't Honor My Power of Attorney?
My father and mother executed a co-durable power of attorney naming my brother and me as joint attorneys-in-fact. My fathe...
Read moreWhy Won't Attorney Let Me See the Trust?
- November 5th, 2024
Q
My mother and stepfather originally formed a trust together, and the assets were to be divided evenly between my two stepbrothers and myself. My stepbrothers have died. My stepfather changed the trust, apparently without informing me or my mother of what he changed. When I was in town to help her, she didn't remember anything about this. She has dementia. Now my stepdad has died and an estranged child of one stepbrother is the trustee of the trust and everything. He won't show me the trust, and the attorney won't, either. I am my mother's POA for health care and that's it. This trustee has access to a fortune in cash and is acting like it's his house.
Can't this theft be stopped, and why would the attorney not let me see the trust even though I am supposed to be the backup trustee and a beneficiary?
A
It's not clear that you have standing to request a copy of the trust since you are not a current beneficiary. That depends on state law. In addition, it sounds like you are the health care agent for your mother but not her financial or legal agent under a durable power of attorney. If that’s the case, you can’t ask for a copy of the trust or accounts on her behalf. You may have to go to court to be appointed her guardian or conservator. We would recommend that you consult with a local estate planning attorney who can advise you on the best course of action given the circumstances and your state’s laws.
Harry S. Margolis practices elder law, estate, and special needs planning in Boston and Wellesley, Massachusetts. He is the founder of ElderLawAnswers.com and answers consumer questions about estate planning issues here and at AskHarry.info.