What is the name of your state (only U.S. law)? PA
An elderly parent named her son and daughter as joint agents in a POA. For the past 3 years the son who was living with his mother started signing her checks with her name, not his as POA. A number of those checks were made payable to him and signed by him with her name (the signature is clearly not that of the mother). The POA was never presented to the bank and he has continued to sign her name on checks made payable to himself and others, cashed checks made payable to her, made bank withdrawals signing her name, repeatedly used her ATM card for thousands of dollars in cash, and allowed his children to use the card as well. He has sold several of the mother's vehicles and advanced her money to his children without requiring repayment with interest. Two years ago the mother was diagnosed with dementia and has become progressively unable to function. Best guess from looking at bank records is that $50,000 is unaccounted for. Questions: Is signing the checks with her name forgery? Is the use of the card by children forgery? Is acting alone instead of with the daughter who is joint POA, illegal? Is criminal prosecution viable? Is acting without the POA illegal? An attorney recommends court removal as POA but indicates that the daughter will likely be removed since the son will demand her removal. What is the best way to pursue...County protective services agency, DA's office, criminal attorney, elder abuse attorney?? Would appreciate feedback from any one having knowledge in these areas? ThanksWhat is the name of your state (only U.S. law)?
An elderly parent named her son and daughter as joint agents in a POA. For the past 3 years the son who was living with his mother started signing her checks with her name, not his as POA. A number of those checks were made payable to him and signed by him with her name (the signature is clearly not that of the mother). The POA was never presented to the bank and he has continued to sign her name on checks made payable to himself and others, cashed checks made payable to her, made bank withdrawals signing her name, repeatedly used her ATM card for thousands of dollars in cash, and allowed his children to use the card as well. He has sold several of the mother's vehicles and advanced her money to his children without requiring repayment with interest. Two years ago the mother was diagnosed with dementia and has become progressively unable to function. Best guess from looking at bank records is that $50,000 is unaccounted for. Questions: Is signing the checks with her name forgery? Is the use of the card by children forgery? Is acting alone instead of with the daughter who is joint POA, illegal? Is criminal prosecution viable? Is acting without the POA illegal? An attorney recommends court removal as POA but indicates that the daughter will likely be removed since the son will demand her removal. What is the best way to pursue...County protective services agency, DA's office, criminal attorney, elder abuse attorney?? Would appreciate feedback from any one having knowledge in these areas? ThanksWhat is the name of your state (only U.S. law)?