As POA I have provided a "Income and Expense" sheet to my siblings drawn from the Quicken ledger that I maintain for Mom. Some hanky panky, for lack of a less incriminating term, went on in the past and that's why I ended up managing the books and as POA for Mom.
Now the hostile sibling, the one who had her POA taken away by Mom, wants the actual bank statements for the past five years. Most of those accounts have been restructured and closed but the bank(s) could, likely at a cost to Mom, provide them piecemeal up to three months at a time and only on paper by mail as I have confirmed that possible.
Am I legally obligated to find and get actual Bank statements for my siblings when I am providing the mirror of that instance through the Quicken ledgers? It seems a "make work" project aimed maliciously at me and I really don't see any relevant necessity.
"FLORIDA STATUTES 2019"
"CHAPTER 709"
"POWERS OF ATTORNEY AND SIMILAR INSTRUMENTS"
"PART II"
"POWERS OF ATTORNEY"
(ss. 709.2101-709.2402)
709.2114 Agent’s duties.
(1) thru (5) not shown here,
"(6) Except as otherwise provided in the power of attorney, an agent is not required to disclose receipts, disbursements, transactions conducted on behalf of the principal, or safe-deposit box inventories, unless ordered by a court or requested by the principal, a court-appointed guardian, another fiduciary acting for the principal, a governmental agency having authority to protect the welfare of the principal, or, upon the death of the principal, by the personal representative or successor in interest of the principal’s estate. If requested, the agent must comply with the request within 60 days or provide a writing or other record substantiating why additional time is needed and comply with the request within an additional 60 days."
Thanks all for motivating me to seek further foundation. I can now with confidence refuse my siblings hostile and malicious inquiries.
To answer your question, no you are not entitled to give sibling any statements. You are the POA the one Mom trusted to handle her affairs. You are her representative and responsible to carry out her wishes. I would say that since she revolked this siblings POA, she would not want this sibling knowing her finances. The sibling can ask for an accounting thru a lawyer, maybe. Not sure if that can be done before her passing. Sibling may be able to do it when Moms estate is divided. The Executor will have to show what bills were paid and then maybe at that time a beneficiary can ask for an accting of the POA. I was lucky Mom really had nothing and the boys never questioned what I did. If they or the government does, I have it all in a box for now which I will keep for another 3 yrs, then trash it. Moms been gone 2, the boys signed off saying the accting was correct, probate done. Medicaid paid. Nothing from the IRS. They can't do anything after 5 yrs.
You may need actual bank statements later if your mother needs to qualify for Medicaid, so I would encourage you to start maintaining them. I download my mother's bank statements each month and store them on an encrypted jump drive and backed up to a secure online repository.
I have a hostile sibling and a supportive sibling who is also a co-POA. As a practical matter, I provide my supportive sibling with an annual summary. If he wants to see actual bank statements, he has access to the online backup. As per my mother's direction from years ago, I provide none of her personal information to my hostile sibling other than basic health updates.