Sibling Disputes Over Power of Attorney Maryland

How Disputes Usually Start

One sibling holds the power of attorney. The others start asking questions. Why did Mom's savings drop by $15,000 last quarter? Why is the agent paying themselves a caregiver stipend nobody agreed to? Why was the house refinanced without telling anyone?

These disputes rarely begin with actual fraud. They begin with a lack of transparency and a family under stress, where each sibling has a different tolerance for spending, a different view of what the parent needs, and a different relationship with the person holding the POA.

The Legal Mechanism: ET Section 17-103

Maryland gives siblings and other interested persons a formal remedy under Estates and Trusts Article Section 17-103. Any descendant, presumptive heir, caregiver, or government agency can petition the Circuit Court to:

• Review the agent's conduct: The court can order a full accounting of every financial transaction the agent has made
• Construe the POA's scope: If the family disagrees about what the document authorizes, the court interprets the language
• Modify or revoke powers: The court can limit, expand, or terminate the agent's authority
• Remove the agent: In cases of proven mismanagement, self-dealing, or abuse

This is a civil proceeding in the parent's county of residence. The petitioner files a complaint, the agent responds, and the court reviews the evidence.

The Silverstone v. Jacobson Standard

Before filing a petition, understand the bar the court has set. In Silverstone v. Jacobson (2022), the Maryland Appellate Court ruled that a sibling cannot petition to invalidate estate planning documents simply because they disagree with the agent's decisions. The petitioner must allege actual misuse or abuse of the agent's power while the principal is incapacitated.

Disagreement about care choices — whether Mom should be in assisted living or at home, whether $3,000 a month on home aides is reasonable — is not enough. The petitioner must show that the agent acted outside the scope of the POA, breached their fiduciary duty, or used the parent's funds for personal benefit.

If You Are the Agent: How to Protect Yourself

The best defense against sibling disputes is preemptive transparency. Maryland law does not require a POA agent to report to family members, but silence invites suspicion and litigation.

Keep detailed records of every transaction. Document what you spent, when, and why. Save bank statements, receipts, invoices from care providers, and any written communication with the parent's doctors or facilities. A financial ledger that tracks all income received and expenditures made on the parent's behalf is the single most effective shield against an ET 17-103 petition.

Communicate proactively. Send quarterly updates to siblings — even ones who have not asked. A simple email listing the parent's current care situation, major expenses, and remaining account balances defuses most objections before they become legal disputes.

Never commingle funds. Keep the parent's money in the parent's accounts. Never transfer funds to your personal account, even temporarily. Commingling is the fastest path from "family disagreement" to "the court removes you as agent."

If You Are the Challenging Sibling: What to Do First

Before filing a petition, exhaust informal options. Request an accounting from the agent — they are not legally required to provide one to family members, but refusing a reasonable request looks bad if the matter reaches a judge. If the agent is unreachable or hostile, consider mediation through a local elder law mediator before spending $5,000 or more on litigation.

If informal resolution fails and you have evidence of actual misuse, an elder law attorney can file the ET 17-103 petition. Gather bank statements, financial records, care receipts, and any documentation showing transactions that do not align with the parent's needs.

When the Parent Still Has Capacity

If your parent is still mentally competent, the simplest resolution is for the parent to speak. The principal can revoke the POA at any time and designate a different agent, appoint co-agents to require consensus on major decisions, or add a mandatory accounting clause to the existing document.

A parent who is aware of sibling conflict can also add specific instructions to the POA — spending limits, prohibitions on self-dealing, or requirements to share financial summaries with all children — that reduce the agent's discretion and the family's anxiety.

The Maryland Power of Attorney and Guardianship Kit includes a sibling transparency ledger designed to document every financial decision in a format that satisfies the ET 17-102 record-keeping duties and preempts the most common sources of family conflict.

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