If I believe our sister, who is POA of our mom’s bank account, has been stealing money from the account what are our rights?

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If I believe our sister, who is POA of our mom’s bank account, has been stealing money from the account what are our rights?

What do we need to do?

Asked on June 3, 2019 under Estate Planning, Alabama

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

Your mother, or you (or your other sister) as the "attorney-in-fact" or "agent" (those are the terms for the person granted power by a POA) on behalf of your mother, could sue that other sister for the return of any amounts she stole or took/used for her own benefit (rather than for your mother's benefit, which was her "fiduciary duty" as the agent--to not take/use your mother's money for herself). That's the recourse--to seek the return of the money in court.


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