Dr. Pat Pachciarz® Clarity · Caregiving for aging parents
My sibling has power of attorney for Mom. Can I see her bank records in Illinois?
Your brother or sister holds Mom's financial power of attorney. You don't know what's being paid, and asking feels like starting a war.
The short answer
In Illinois, the agent must keep the records, but a sibling usually can't demand them. The Illinois Power of Attorney Act requires the agent to keep a record of all receipts, disbursements and significant actions (755 ILCS 45/2-7(c)). The same section lists who can require a copy: Mom herself, a guardian or other fiduciary acting for her, her estate's representative after she passes, and certain agencies and a court in specific investigations. A brother or sister isn't on that list, unless the power of attorney document itself gives you that right (2-7(e)). If Mom can no longer control or revoke the power of attorney, her children and other interested persons can ask a court to review what the agent has done (755 ILCS 45/2-10). The calmest path comes first: a shared monthly summary that protects the agent as much as it reassures everyone else.
A caregiver who holds her mom's power of attorney described the other side of this fight on an online caregiving forum: she does almost everything for her mom, who is on Medicaid and has very little money left, yet her sister doesn't trust her and wants to see every transaction. Both sides usually want the same thing: proof that Mom is OK.
Why does this matter?
- The agent carries real liability. An agent who violates the Act must restore the value of Mom's property and repay attorney's fees and costs (755 ILCS 45/2-7(f)). Good records protect the agent.
- Waiting makes it harder. While Mom can still take part, she can ask for the record herself, or change the document. Later, the options narrow to a court.
- Courts are slow, costly and public. They're the backstop, not the plan.
- Family trust is the real asset. Siblings who stop talking over a bank statement rarely start again after the funeral.
How do I figure out what's possible?
- Read the power of attorney. Some documents require the agent to report to named family members. If yours does, that changes everything (2-7(e)).
- Can Mom still decide? If yes, she can ask the agent for the record (2-7(c)(1)) and decide who sees it.
- Ask for a summary, not a confession. Propose a simple monthly page: money in, money out by category, and anything over a set amount.
- If you suspect abuse or neglect, Illinois Adult Protective Services provider agencies can require the record during an assessment, and can go to court if the agent doesn't produce it within 21 days (2-7(c)(2), 2-7(d)).
- If Mom lacks capacity and nothing else works, interested persons, including her children and caregivers, can petition the court to review the agent's conduct (2-10). That's an attorney's call.
Who needs to be in the room?
The agent pays the bills, the bank sees the transactions, the estate attorney wrote the document, the CPA files Mom's taxes, and the siblings see nothing. No one owns the whole picture, and that's where suspicion grows.
- Illinois estate attorney: reads the power of attorney and explains what the agent must share.
- The agent: keeps the records the law already requires.
- CPA: lines the records up with Mom's tax return.
- Financial coordinator: turns the records into one summary the whole family can read.
How does DAITT® help with this?
Advanced Planning
Build Mom's monthly budget and care-cost picture into one page the family shares.Tax Strategy and Tax Filing
Keep the agent's records in a shape the CPA can use at tax time.Trust Planning
Coordinate the power of attorney with Mom's trust and successor trustee, so the hand-offs are clear.
Related: caregiving for aging parents and trust planning and family governance.
What does a monthly summary look like?
An illustration, not a client story. Say Mom gets $2,400 a month from Social Security and a small pension. A one-page summary might show: $2,400 in; $1,650 for her assisted-living share, $280 for medications and copays, $190 for utilities and phone, $120 for personal items; $160 left over and added to savings. Add one line for any single payment over $500, with a note. It takes the agent about 20 minutes a month, and it answers most sibling questions before they're asked.
What should I do this week?
- Ask to read the power of attorney with Mom or the agent.
- Write down what you're worried about, with dates, as questions.
- Propose a shared monthly summary, framed as protecting the agent.
- Ask for a family meeting, with a neutral professional if things are tense.
- Talk to an Illinois estate attorney before any legal step.
Book a Clarity Call or see your Leak Score
Related questions
Does a power of attorney agent have to keep records in Illinois?
Yes. The agent must keep a record of all receipts, disbursements and significant actions taken under the power of attorney (755 ILCS 45/2-7(c)).
Can a sibling demand the agent's records in Illinois?
Not on her own. The law lists who can require a copy: Mom, a guardian or other fiduciary acting for her, her estate's representative after death, and certain agencies and a court in specific cases (755 ILCS 45/2-7(c)). A sibling isn't on that list, unless the power of attorney itself says otherwise (2-7(e)).
Can family ask a court to review the agent?
Yes, in some cases. Mom's descendants, presumptive heirs, trust beneficiaries and caregivers count as interested persons. If a court finds Mom lacks capacity to control or revoke the power of attorney, it can review the agent's conduct and grant relief, including damages (755 ILCS 45/2-10).
Sources
- 755 ILCS 45/2-7: Agent's duties and record-keeping (Illinois Power of Attorney Act)
- 755 ILCS 45/2-10: Agency-court relationship
Who is Dr. Pat Pachciarz®?
Dr. Pat Pachciarz® is the Founder & CEO of The Pinnacle Group in Aurora, Illinois, and creator of the DAITT® Advisory Method. He is highly focused on the human connection in financial planning: how behavior and emotion shape money decisions. That focus is grounded in the Accredited Behavioral Finance Professional (ABFP®) designation he is pursuing. He is currently earning his Doctorate in Organizational Leadership at the University of St. Francis while simultaneously earning his Master's in Personal Financial Planning at the College for Financial Planning. A Certified Exit Planning Advisor (CEPA®), he coordinates each client's banker, CPA, attorneys and advisors into one clear plan.
More answers
- The trustee won't pay me for caring for Mom. What can I do in Illinois?
- Do I have a right to see how Mom's trust money is being spent?
- Caregiving for aging parents: money, taxes and protecting your own future
- Trust planning and family governance: the trust, the assets and bringing the kids in
- Inheritance taxes: do I owe money on what I got left?
- Widowhood: money decisions in the first year after losing a spouse
- Pre-retirement planning at 55: trust planning first
- Tax strategy and tax filing for women in transition
Also see drpat.co, running your trust in Illinois and Trust & Estate Planning at The Pinnacle Group®.