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is poa valid?

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czb

Junior Member
What is the name of your state (only U.S. law)? LA

Elderly person, 66, hospitalized, suffered stroke in brainstem. They were paralyzed, in sleeping state until death. After death, it was discovered a poa was obtained. They used this poa to withdraw large sums of cash, enter safety deposit box, and cash large gas royalty checks(in the principal's name only).

Also discovered, there was NO notary present, at the time principal & one witness "supposedly" signed document. This witness, then took document to other witnesses, for them to sign.(but didnt see them sign the document)

At some point in time, the notary notarized this poa. They notarized this document "for a friend".... and with this document, this agent stole a huge part of inheritence that was for this person's children.

There are 5 signatures on this poa. The 2 witnesses, the notary, the agent and the principal. If the notary was not present at the time these signatures were done, would this make this poa illegal? Is it Valid?

Isnt that the purpose of a notary? To validate the signatures, to witness the actual signing of the document? Are there laws for notary's? Is this Notary misconduct.

Where would I go to report this, if it's illegal?

If this is a crime, and the person was age 66, hospitalized & disabled, would this fall under financial exploitation of the elderly?

They used this poa to with draw large sums of money from banks, is this bank fraud?

I believe these people think they are above the law, because of their status in the community. If it's a crime, they should have to pay for their actions.

I hope someone can answer these questions. I dont know what else to do!
Thank you so much for your time!
 


latigo

Senior Member
Seemingly everyone associated with the procurement of the alleged power of attorney is criminally culpable, not to mention civilly liable to the estate of the deceased victim. The bank may also be liable to the estate.

You should start by taking what information you have and present it to the district attorney in the Parish where the criminal acts took place.

Go to this web site www.ldaa.org/ - click on D. A. Roster – then by clicking on the appropriate Parish you will be given the name and contact information for the District Attorney’s offices.

As to your question about the validity of the appointment, how could it be a valid appointment given these stated circumstances? The answer is rather obvious, isn’t it.
 

tranquility

Senior Member
It certainly seems the OP's facts give rise to criminality, but the bottom line right now is:
They were paralyzed, in sleeping state until death.
If the principal is dead, there is *NO* operative POA document.

I am curious as to which facts were discovered by the OP and which are supposed. Fraud pleadings are big deals and supposings are a long way from proof.
 

czb

Junior Member
Thanks so very much...to answer your questions,

This poa was used while this aged person was still alive, (paralized, in sleeping state).

As to the fraudulant activity, proof of any wrong doing...in a deposition taken by one of the witnesses that supposedly watched the aged person, "principal" sign their name..they stated no notary present!

This person stated, the notary was not present. After they supposedly signed the document, they took it to the other witness that was to sign the document. And at some point it was notarized, signed by other witness & agent. But they did no know when the notary notarized the poa?

I dont know if statments made in a deposition are "proof"? Would a deposition hold up in a court of law?

Also, at the hospital this "agent" made the statment to several people, they did not already have a poa, but they would obtain one for any future hospitalizations...but somehow they came up with one and used it. (I believe with all my heart, they obtained this poa after they knew this person would not live) and asked all their close friends to help them. Its a known fact these people that "helped" in this event, were all friends. The notary was a neighbor/friend....and actually the "agent" that obtained this poa, was a notary also.

And no the answer is not rather obvious to me...I have gotten conflicting answers...and I am no attorney...but I am greatful for your expertise.

One attorney said, LA law only requires a poa to be written, in a certain form and signed, for it to be legal. Didnt have to be notarized....

But I red a poa must be notarized, when dealing with real estate deals, and a bank "requires" it to be notarized...but not sure if the bank requiring it to be notarized is actually the law or not?

another said, as you did, it is not valid...
That is why I have come to you...to find out if the poa is valid or legal?

If what they did was illegal, who do I report it to?

I tried to talk to the DA in that parish, and the sect. told me, I had to report it to the police, first...and all I wanted to ask him, if what they did was illegal? She couldnt help me.
I tried to talk to the DA in my town, with the same results..I couldnt ask a question.

These people that helped with the obtaining, signing and notarizing this poa, all think they are above the law, because of their status in the community. Above the law! I dont stand a chance, if it is illegal?

Truth be known, this agent knew they wouldnt be able to obtain all of the funds from this person, enter into the safety deposit box, cash these large checks, unless they did something like this. Because they knew everything was to be left to the kids....that is what was suppose to happen...

These kids wont ever know what was in the safety deposit box? could have been important letters, memorabillia, something handed down from generations, lots of cash, bonds, stocks etc...?

There should be laws to punish these people!
 

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