Elder Law Answers
How Do I Use a Power of Attorney to Prevent My Mother and Stepdad from Making Poor Decisions?
I am the alternate agent under my mother's durable power of attorney. My stepdad is named as the primary agent. My mom and...
Read moreHow Do I Resolve a Conflict Between a Financial POA and a Medical POA?
- November 12th, 2015
Q
When one sibling is an agent under an elderly parent's financial power of attorney (POA) and another sibling is an agent under the same elderly parent's medical POA, does probate law define the duty or relationship that must exist between the two? In this case, the agent under the medical POA is seeking medical care for their elderly parent but needs the agent under the financial POA to release assets to pay for that care. What can be done if the agent under the financial POA refuses to release the assets to cover the cost? Is there an obligation to disclose financial or medical records if one agent requests it from the other?
A
The first thing you can do is look at the power of attorney documents to see if they contain a system for resolving disputes. The best option is to try and come to an agreement on your own. If that doesn’t work, you can try mediation. For more information about mediation, go here: https://www.elderlawanswers.com/family-strife-over-elder-care--consider-an-elder-mediator-14857. Unfortunately, if the agents under the two powers of attorney still do not agree, the only solution may be to petition the probate court to resolve the dispute. The court will decide what is in the best interest of the parent. Going to court costs time and money and should be used as a last resort.
For information on how to avoid a conflict between your POA and health care proxy, go here: https://www.elderlawanswers.com/avoid-disagreements-between-your-power-of-attorney-holder-and-health-care-proxy-8704.