If the Power of Attorney document is written so as to require the “attorney-in-fact” to disgorge or turn over any and all documents or financial accounting records he or she may have after the dissolution of a POA, then an obligation to act typically will exist.
But if that language is missing from the document, then the answer is not as black and white.
Absent such language, there may still be an implied right that the previous “attorney in fact” has some kind of duty or obligation to act in the absolute good faith of the person authorizing the Power of Attorney, and thus must provide said documentation as requested. But such implied rights may be more difficult to enforce than any rights or obligation contained in the Power of Attorney.
But there may be a larger issue to keep in mind with such a request for documentation: if a new attorney-in-fact is appointed (and provides proof of status as such), and that attorney-in-fact files a motion in court requesting the previous holder of Power of Attorney to turn over all legal and accounting documents related to activities under the previous Power of Attorney, then the previously named attorney-in-fact will have to provide a compelling answer to the judge as to why he or she does not wish to turn over the materials requested.
Review Standard Legal’s Power of Attorney legal forms software to create valid POA documents.