I have little proof. I know the person in charge of the estate, but not sure this person is feeling up to the task. I may be able to contact the elderly person's priest who is contact with both the person in charge of financial responsibilities and the person in charge of the estate.
What caused you to suspect that financial abuse is taking place? Before you make accusations to anyone, you need to have some really good evidence of financial abuse.
You can contact a priest if you want to, but be aware (a) that you need proof before making accusations, and (b) a priest has no legal authority to intervene in a potential criminal action. If you get solid proof, go to the police.
Key QUESTION: If the executor, as required by law, cannot get information regarding financial transaction made on behalf/for the benefit of the principal FROM the person with financial power of attorney -- what should or what steps should the executor take? THANKS INGER
These two do not act in concert with each other. The proxy acts until the person dies; at that point his/her responsibities cease and the Personal Rep, Executor/trix assumes responsibility.
If the elder is deceased, however, and the PR/Executor/trix cannot get information from the proxy as to what he/she did before the person died, that's a different situation. I think this is what you're asking? I'm really not clear since you're using the terms as if the two individuals are both acting simultaneously.
If the elderly person is dead, the PR/Executor/trix can't act properly b/c the person who was proxy refuses to provide information, I think that would be an issue the PR/Executor/trix should raise with the Probate Court. It might have to issue an order requiring the proxy to turn over all financial records.
As to your latest question, I honestly do not know of any method by which legal monitoring assures a proxy is correctly managing a person's assets and tax obligations.
It's an interesting question; I don't recall ever seeing that someone has asked it before. W/o doing any research, I'm not sure that governmental legal authorities have an obligation to oversee a proxy's actions, unless the POA requires filing of some report (other than for taxes). I don't believe there is a monitoring agency, except those which become involved only on an exception basis, i.e., when issues are brought to their attention.
This is a good question. I hope others have some answers as I don't. Perhaps one of the resident legal experts will opinion on this issue.
Since I do not have concrete evidence, only grave concerns, it seems that oversight of some sort is key to ensuring that proxies really do carry out the wishes of their "charges". Perhaps lowering the standard of evidence that might indicate foul play would help?
Ever a concerned plebian. P.S. Opine is the correct word/wording. INGER