What to do about an abuse of a Power of Attorney?

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What to do about an abuse of a Power of Attorney?

My dad past away;my brother and mom had POA. He had a stroke; they had him life support. My brother withdreww all of my dad’s money (over $175,000) without my mom and I knowing. He keep it all. It took him over 5 days to withdraw the money. Then when he was finished, he had my dad’s life support pulled. That money should have gone to my mom. What can we do about it?

Asked on February 9, 2011 under Estate Planning, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am so sorry for your loss and for your situation.  What you need to do is to get an attorney as soon as you can.  Your brother violated a fiduciary responsibility as the POA and embezzled funds.  You should speak with the attorney about filing criminal charges against him and asking the Prosecutor's office to freeze his bank accounts as soon as they can to insure that the money is not dissipated (that he does not spend it away).  Act quickly.  He knows what he has done and is I am sure plotting to make sure that the money is somewhere that you can not get to it.  If the prosecutor's office will not help you then file a civil action against him and get a restraining order for his accounts in to place.  Good luck to you. 


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