Can I challenge my sister's power of attorney over my mother?

Full question:

My sister has been my mother's power of attorney for 2 1/2 years. Her and her husband have not worked in 5 years but have been going on trips, they now are able to put their daughter in college, they are no longer in foreclosure on their home and are all of a sudden living the good life. I do not know if the power of attorney had a gift provision in it or not. I am asking the court to appoint a conservator which my sister has convinced my mother to fight. I will ask for a full accounting of all of my mother's finances. My mother had a stroke and is not the same person but my sister gets doctors in to say my mother is not incompetent. If my sister did steal all the money can't she just convince my mother to tell the court she approved of it all? Do I have any chance here?

• Category: Power of Attorney
• Date: 04/07/2025
• State: Connecticut

Answer:

When seeking an involuntary conservatorship, the probate court evaluates the individual's condition and ability to manage their affairs. Medical evidence from licensed physicians in Connecticut is necessary, typically conducted within forty-five days before the hearing. The court may also require a psychiatric evaluation, though the respondent can refuse such an examination.

If the court finds clear and convincing evidence that your mother cannot manage her affairs or care for herself without a conservator, it may appoint one. The court considers factors such as your mother's abilities, her understanding of her situation, her past preferences, and any arrangements she made for her care.

It’s advisable to consult with a local attorney experienced in elder law. They can review the power of attorney to determine if it was executed under undue influence or if your sister abused her authority. The fiduciary duty of an attorney-in-fact requires acting in the best interests of the person granting the power. If the power of attorney does not explicitly allow gifting to the agent, such actions could be deemed a breach of fiduciary duty and potentially illegal. If your mother passes away before the abuse is discovered, her estate or intended beneficiaries might pursue legal action against your sister for breach of fiduciary duty or related claims.