Can a family member that is in the Will question the power of attorney and ask for proof of funds being spent?
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Can a family member that is in the Will question the power of attorney and ask for proof of funds being spent?
Asked on January 31, 2012 under Estate Planning, New Jersey
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
I am assuming here that the person who wrote the Will is still alive. So the Power of Attorney is the person who has been appointed to take care of the persons affairs while they are still alive. If someone believes that the person appointed is taking avantage or breaching their fiduciary duty then they have a right to request that the court look in to it and remove them. Being in the Will or not - it does not matter. But to question for the purpose of being a back seat driver no they would not. Good luck.
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