Hello. I've been my mother's power of attorney for two years now and I've generally done nothing too exciting. Paid her bills mostly. Now I have a brother who hasn't really got along with my mother in years, but she still loves him (of course) and wants to keep him in her will and trust. So he's still there and when my mom passes he will inherit some money. He know this and thinks of my mom's money as his. As a result, he demands that I tell him all the boring details about how much of mom's money I spend every month. So far, I've kept him up to date and, believe me, there have not been any unusual payments. My question is am I obligated to give him reports all the time or can I just do my job? Also, as an aside, my mother's POA is two years old. Do they expire under MA law? Thank you.
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The Editor, Mark Bernardin, is an attorney living in MA. Please send your suggestions or comments to: TheEditor@malawforum.com
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Agent under POA report to beneficiary
Your first step should be to read the language of the power of attorney to confirm that it does not require any reports. If not then, no, there is no Massachusetts law that would require you to make reports to your brother. Having said that, you should continue to keep excellent records of all payments you make under the power of attorney. For your own protection, you might consider creating a monthly report for your records in which you note all such expenditures. Why not give one to your brother in place of answering a bunch of questions every month? Tell him to read the report, and then get on with your life.
Follow this link for an updated post regarding whether a power of attorney can expire. Generally, they do not. And your mother's is relatively young. Good luck.