Full question:
My daughter obtained a Durble Power of Attorney for my husband (her father) in May 2010, after he had been diagnosed with Alzheimers Dementia in June 2009. He's been on medication and under medical care since that time with progressive deterioration of mental capability. She was fully aware of his diagnosis, treatment and decreasing mental abilities. I, his wife, have been his contintuing caretaker. She has used her status of Power of Attorney to take over ALL of his life decisions (medical and financial), including the taking of ALL his money and putting it in an account, the whereabouts I do not know and has refused me knowledge of where it is nor do I have access to it. All this was done with my husband's consent but I'm not sure he recognizes the significance of these events now or then. I'm just beginning to explore my rights as the situation has become citical and the family is in chaos.What recourse do I have?
- Category: Power of Attorney
- Date:
- State: Virginia
Answer:
Victims of durable power of attorney (DPA) abuse or their family members often need help from the adult protective services, civil justice, or criminal justice systems to stop further abuse by the agent and to recover money, property, or other assets from the agent.
DPA abuse (sometimes referred to as POA abuse) is the misuse by the agent of the authority granted by the principal. It means making a decision or taking an action that is not in the principal’s best interest. For example, DPA abuse occurs when the agent spends the principal’s money to benefit the agent, rather than the principal. It may also include forging the principal’s signature on the DPA or coercing an oder person to make a DPA against his or her wishes.
Powers of attorney, whether general, durable, or springing, usually are not subject to oversight by a court or third party. If the principal becomes incapacitated and can no longer monitor the agent’s actions, this lack of oversight for a broadly written legal document makes it very easy for an agent to abuse the authority granted.
Under Virginia law, a person interested in the principal's welfare (for example, a family member or a co-agent), can make a written request to the agent asking him or her to disclose any actions taken on behalf of the principal within the past five years and to allow reasonable inspection of records about these actions. If the agent refuses to comply with this request within 60 days, the person interested in your welfare can bring a case in circuit court to get a court order requiring the agent to provide the requested records.
You could also file a case in circuit court seeking an accounting from your agent.
Otherwise, if the principal is still legally competent (which may require a medical opinion), he or she may revoke the power of attorney.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
