How do I find out if a power of attorney is being misused?

Not everyone has a right to find out how a person has been using a power of attorney document.  Only certain people have that right. 

First, if you are someone who represents the person who gave the power of attorney (referred to as the “principal”), such as an agent under another power of attorney, a guardian, a conservator, or another fiduciary, or if the person who gave the power of attorney has died, if you are the personal representative (executor) or successor in interest under the person’s estate, then you may demand that the person who had the power of attorney (also known as the “agent” or the “attorney-in-fact”) disclose to you all receipts, disbursements, or transactions that the agent engaged in on behalf of the principal.  The attorney-in-fact has 30 days to respond.

Second, if the principal is currently incapacitated, and you are someone who is a close relative, beneficiary or caregiver for the person, then you may demand that the agent disclose all transactions to you in which the agent has used the power of attorney to act on behalf of the principal.

There are time limits applicable to these requests and to the period of time for which the agent must disclose receipts, so you will need to have an attorney review the statutes for you and explain your rights to you.