What to Do if You’re Being Sued by Siblings for Actions Taken as Power of Attorney
If you served as someone’s power of attorney and your siblings are now suing you for the way you handled their parent’s finances, it can feel overwhelming. Here’s what you need to know:
Understand the Role of a Power of Attorney: When you act as power of attorney (POA), you take on a fiduciary duty — meaning you must act in the best interest of the person who appointed you.
Keep Detailed Records: You should have kept complete, accurate records of every transaction, including copies of checks, receipts, invoices, and other proof of expenses.
Separate Funds Completely: Never mingle the person’s money with your own. Maintain a separate account solely for their finances.
Produce Bank Statements and Accountings: You should be able to show a clear paper trail of deposits, withdrawals, and transfers — often with periodic account statements.
Follow the Scope of the POA: Make sure every action you took was allowed under the power of attorney document. Don’t take on decisions you weren’t authorized to make.
Cooperate and Communicate: Promptly respond to legitimate inquiries from siblings or other interested parties. Cooperation can help reduce suspicion and prevent litigation.
What if You’re Being Sued?
If your siblings believe you mishandled money and have sued you:
If your siblings believe you mishandled money and have taken legal action, don’t wait — speak to a qualified probate or trust litigation attorney as soon as possible. They can help you defend your actions and protect your rights.
Gather your financial records.
Review the power of attorney to confirm your authority.
⚠️ This post is for informational purposes only and is not intended as legal advice. Every case is unique. If you’re facing a lawsuit over your actions as a power of attorney, consult a qualified probate or trust litigation attorney for guidance.