"Improper Power Of Attorney"

[mtpockets]

Dose the bank have liability?

No it doesn't. MT's situation is completely different and unrelated to OP's, and I agree that his input wasn't even useful.

I am suggesting that the bank may have acted improperly.

 

[anteater]

I am suggesting that the bank may have acted improperly.

Since there is plenty of confusion about who is talking to whom about what in this thread...

Whose bank are you referring to? And what was the improper action?

 

[mtpockets]

OP's bank may have acted improperly

Since there is plenty of confusion about who is talking to whom about what in this thread...

Whose bank are you referring to? And what was the improper action?

OP stated that the original POA was executed in 2010 -- before incapacity.

If OP's bank insisted on its own POA, then it would have done so in both 2010 (before incapacity) and 2012 (after incapacity).

 

[anteater]

OP stated that the original POA was executed in 2010 -- before incapacity.

If OP's bank insisted on its own POA, then it would have done so in both 2010 (before incapacity) and 2012 (after incapacity).

OK, but I don't recall the OP saying that the bank (or banks) declined to accept either the father's or the uncle's POA's initially.

If I am understanding OP correctly, since the bleep hit the fan regarding uncle's POA, the bank (or banks) are saying, "We ain't getting put in the middle of this. We ain't accepting nobody's authority unless it comes with a court document."

 

[tranquility]

I have always had trouble with banks in relation to POA's. Even though there are statutes requiring all to accept them. They. Just. Don't. Care.

While wild to me, that is how they roll. If that cannot work, get an attorney. They will not make things easy or accept reasonable argument. You can try differently, but I think that will not work.

 

[globalgiant]

OK, but I don't recall the OP saying that the bank (or banks) declined to accept either the father's or the uncle's POA's initially.

If I am understanding OP correctly, since the bleep hit the fan regarding uncle's POA, the bank (or banks) are saying, "We ain't getting put in the middle of this. We ain't accepting nobody's authority unless it comes with a court document."

That is correct...The banks accepted my unlce's POA (no reason for them to question it..), but when my father presented the banks a letter from his attorney and from my grandfathers primary care physician, they locked the accounts shortly after that until their legal department sorted out the issue. It wasn't until the court granted an emergency conservatorship/guardianship that my father was able to access the account.

UPDATE: $32,000 in legal expenses later, and my father was granted permanent conservatorship/guardianship by the court. Now the issue is trying to retrieve money, property, and legal expenses from the uncle...which may be difficult as the local police and adult protective services don't want to pursue any action. Even provided them a copy of a Colorado statute that describes my uncle's actions to a T!! Any suggestions on how pursue criminal prosecution/action in this situation? A civil suit will be prepared very soon also. Thanks.

 

[ecmst12]

It's up to the DA whether criminal charges will be pursued - no one else.

 

[globalgiant]

It's up to the DA whether criminal charges will be pursued - no one else.

Chief of Police and the DA are the next stop. If there are clearly laws broken, is there any options if the police of DA do not want to pursue charges? Write the Attorney General?

 

[ecmst12]

If the DA doesn't want to pursue charges, there is probably a very good reason for it. And it's not your concern anyway. Worry about your civil case.

 

[OHRoadwarrior]

The problem appears to be uncle had legal authority presumably at the time he did these things. That is not necessarily a criminal act. The prosecutor would need to prove he violated the fiduciary duty of the POA. It appears he is not willing to spend city funds pursuing it.

 

[globalgiant]

The problem appears to be uncle had legal authority presumably at the time he did these things. That is not necessarily a criminal act. The prosecutor would need to prove he violated the fiduciary duty of the POA. It appears he is not willing to spend city funds pursuing it.

What is legal about taking advantage of two mentally incompetent elderly people?? Can any crooked attorney grant "legal authority" to commit Elder Abuse, Neglect, and Financial Exploitation??

I see the problem as the uncle hiring an attorney to prepare POA docs and a new Will, having two people who are CLEARLY mentally incompetent and under assisted living care for severe dementia sign these documents, using two young health care workers as witnesses (which as specified in the POA are not valid witnesses), clearing out a safety deposit box containing tens of thousands of dollars of jewelry, emptying my grandfathers banks accounts, paying the attorney exorbitant legal fees as well as "compensation" for himself, not paying ANY assisted living facility fees or prescription medication fees for months causing past due bills to exceed $20,000 and nearly having my grandparents evicted from the care facility for non-payment....

EVERY action that the uncle took once he had medical and financial POA was for personal gain. Not ONCE did he make ANY attempt to contact ANY health care worker regarding the current health status of my grandparents. If this isn't a textbook case of Financial Exploitation, I don't know what is...

 

[globalgiant]

If the DA doesn't want to pursue charges, there is probably a very good reason for it. And it's not your concern anyway. Worry about your civil case.

It could be because the DA is...well...less than great at his job (much controversy in this District regarding the DA office and their competency, or lack of). And I do believe criminal charges are very much my concern.. A person committed a blatant crime, and nobody seems to care. The civil case will cost thousands to possibly retrieve thousands...which could take an unknown amount of time. There are laws in place for a reason, but if nobody is willing to enforce those laws, what good are they??