If my cousin has signed (using a POA) checks belonging to our deceased aunt, what legal action can be taken and is the bank liable?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If my cousin has signed (using a POA) checks belonging to our deceased aunt, what legal action can be taken and is the bank liable?

Asked on June 17, 2015 under Estate Planning, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The bank is not liable, since the POA would seemingly give him authority and the bank is not required to inquire into the facts (e.g. to verify whether your aunt is dead or alive, or the purpose of the checks. That said, what your cousin did is illegal, and the executor or administrator (the representative of the estate) could sue him to recover the money; someone with knowledge of the situation could also report him to the police, and could inform the bank so they do not allow it to happen in the future. A POA expires with the death of the person granting it, so the POA is no longer in effect--after death, only a will (if there is one) directs what happens to the estate, and only the executor (if there is a will) or the court-appointed administrator (if there is no will) can take action on behalf of the estate. (Also, a POA only allows the person to act in the interests of or for the person granting the POA, so taking checks for one's own benefit would be a violation of the fiduciary duty owed by the person granted the authority, also known as the attorney in fact, to the person who gave them that power.)


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption