If a parent becomes incapacitated and a sibling has power of attorney over the account, doubts and mistrust often arise. Many assume that as a child they can demand access to their bank account statements. However, this is not legally correct. At the same time, effective protective mechanisms exist – provided they are used in time.
No right to information despite familial proximity
Even close relatives have no right to inspect accounts without their own power of attorney. Banks are subject to banking secrecy and are not allowed to disclose account balances or transactions. This applies even if there are legitimate grounds for suspicion.
In der Praxis führt dies zu einem strukturellen Problem: Gerade dann, wenn Kontrolle besonders wichtig wäre, fehlt sie häufig.
Eine erteilte Kontovollmacht bleibt wirksam, aber nicht unbegrenzt
A power of attorney for an account, once validly granted, generally remains valid even if the grantor later becomes incapacitated.
However, the authorized representative is bound by clear limits:
He may only act in the interest of the parent. Self-serving actions generally constitute an abuse of power of attorney.
Typical risk constellations:
- Commingling of one’s own and other people’s funds
- inexplicable withdrawals
- “Favors” without explicit consent
- gradual shifts in assets
The only effective lever: the guardianship court
If there are concrete doubts and no transparency is created, the bank is not the right contact person, but the guardianship court.
This can take far-reaching measures, in particular:
- Assessment of whether care is required
- Appointment of a legal guardian
- Establishment of a supervisory support system
- Enforcement of access to account transactions
- Measures to protect assets
- In extreme cases, the power of attorney may be revoked.
Only then does a legal control body emerge.
Why swift action is crucial
Abuse rarely occurs openly, but usually gradually. Smaller withdrawals often only add up to significant damage over a longer period of time.
The situation changes fundamentally after the inheritance.
Then, usually, only civil litigation remains, which is often associated with significant problems of proof and family conflicts.
What does that mean in concrete terms?
You cannot:
- bank statements are requested
- oblige the bank to provide information
But you can:
- Document concrete suspicions
- involve the guardianship court
You can also actively demand protection from the parent.
Conclusion
Lack of access rights does not imply legal powerlessness. The key is to turn on the right part. The guardianship court is the central authority for controlling and protecting assets. Those who wait too long effectively lose their ability to exert influence.
Law Firm Cocron GmbH & Co. KG (Munich/Berlin)
We support you in cases of abuse of power of attorney, guardianship and asset management in inheritance law.
