If my brother-in-law used his revoked power of attorney to take my mother-in-laws saftey deposit box, is this against the law?

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If my brother-in-law used his revoked power of attorney to take my mother-in-laws saftey deposit box, is this against the law?

The bank was notified of his POA being revoked 4 months ago and a month later he got the box.

Asked on April 18, 2012 under Criminal Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Yes, it would be a violation of the law IF your brother knew his POA had been revoked: if he knew that, then he intentionally or knowingly took property to which he is not entitled, which is theft.

If he did not know of the revocation, then he did not commit the crime of theft, since he would have lacked the requisite criminal state of mind or intent ("mens rea"); however, your mother could stll due him for the return of the contents of the box or their value, if he does not voluntarily return the contents.


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