Misuse of Power of Attorney

[Dorothy1223]

What is the name of your state?NJ
I am not sure if I am writting this under the right heading but I don't know where to turn. This is the situation.........
Two family members who are Power of Attorney for an elderly relative have been useing his money for their personal cell phones, pse&g, and checks made out to cash for thousands of dollars at a time with no explaination. The elder realitive contacted a lawyer who had him appoint a new Power of Attorney (another relative) who had discovered the spending. They brought the new Power of Attorney to court to fight to get the title back. They had no idea that she had found out all the info from the banks. The judge gave them 2 weeks to explain every penny that was spent from the year that they were made PoA. We are talking about 5-6 years. They are claiming he has demensia, yet they wrote themselves checks for over 80,000. each and wrote GIFT in the memo. someone tell me justice will be served and what that justice will include. THANK YOU!

 

[BlondiePB]

What is the name of your state?NJ
I am not sure if I am writting this under the right heading but I don't know where to turn. This is the situation.........
Two family members who are Power of Attorney for an elderly relative have been useing his money for their personal cell phones, pse&g, and checks made out to cash for thousands of dollars at a time with no explaination. The elder realitive contacted a lawyer who had him appoint a new Power of Attorney (another relative) who had discovered the spending. They brought the new Power of Attorney to court to fight to get the title back. They had no idea that she had found out all the info from the banks. The judge gave them 2 weeks to explain every penny that was spent from the year that they were made PoA. We are talking about 5-6 years. They are claiming he has demensia, yet they wrote themselves checks for over 80,000. each and wrote GIFT in the memo. someone tell me justice will be served and what that justice will include. THANK YOU!

A reason you have not received a response is because the POAs are going to answer to the court.

 

[Dorothy1223]

Blondie..........

I understand that they are going to have to answer to the court.............my question was HOW. I need to know for my own peace of mind WHAT is going to happen to them.

 

[BlondiePB]

I understand that they are going to have to answer to the court.............my question was HOW. I need to know for my own peace of mind WHAT is going to happen to them.

No one can guarantee what will happen. The POAs will have to produce receipts etc. that show how the elders funds were spent on the care etc. of the elder. If the POAs cannot do so, they can face criminal charges such as theft, embezzlement, elder abuse, misappropriation of funds; fiduciary abuse. Look in your state statutes under Elder Abuse (financial exploitation) and/or Adult Protective Services. You will find a violation code for financial exploitation. Then look that code up in the criminal section of the statutes and you will find the punishment for being found guilty of this. The POAs can also have a civil suit filed against them should they be found to have financially exploited the elder. Inquire with an attorney that does this type of law for more information.

 

[Dorothy1223]

very helpful!

Thank you so much Blondie! I didn't know where to begin finding out what was going to happen and you at least gave me some where to start. Thank you agian!