Misuse of POA
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Misuse of POA
I live in europe and have a suspicion that my sister is misusing my mothers PoA, who is in
hospice currently…how do I handle this without travelling abroad?
Asked on July 26, 2016 under Estate Planning, Alaska
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
You can begin the process by retaining an in-state attorney to file a legal action in chancery court (a division or part of county court) alleging that your sister is violating her fiduciary duty as an attorney-in-fact (the person with power via a POA) and asking that a legal guardian be appointed for your mother. It is not impossible--possibly even likely--that at some point, you may need to travel abroad, such as if the court holds a hearing on the matter and needs your testimony; however, the lawyer can do most of the work without you present. You would most likely want to retain an elder law attorney to help you.
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