What to do about POA fraud?

I went to jail and asked my sister to be POA. I had an insurance check for $26,000 which she deposited into a checking account with her my name and her as a POA. After I returned home I became concerned as to where my funds had gone. She was unable to tell me. I removed her as POA only recently. I was able to get my bank records and saw that almost $5000 was transfered to another account within the first 3 months of my incarceration. Also, I entrusted her with $30,000 cash which she squirreled into a safe deposit. When I got my money bag back it contained ony $10,200.

Asked on June 8, 2012 under Criminal Law, New Jersey


Kevin Bessant / Law Office of Kevin Bessant & Associates

Answered 8 years ago | Contributor

You could attempt to press charges on your sister for larceny, or even embezzlement, but often times the POA will give her the power to handle your financial affairs. The prosecutors would have to show that she abused her authority and acted fraudulently in the handling and transference of your accounts while a POA. You could also sue here in a civil suit if you can show that she acted fraudulently or without authorization.

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