Full question:
my father assigned my sister power of attorney in 2014 when he was admitted to a care center. my father passed away in may 2017. it has come to my attention that my sister, the agent for my father, has made numerous cash withdrawals from his checking account and has made several purchases for herself. is there a way to confront this power of attorney abuse?
- Category: Power of Attorney
- Subcategory: Agent
- Date:
- State: Montana
Answer:
The Agent of a person appointed by a Power of Attorney has no right to take or convert money or assets from the person to the agent. If the agent does the agent has breached the agents fiduciary duty and can be liable for damages in the amount of the money or property, its return and possible other damages. A suit can be commenced against the agent by the Estate or heirs of the Estate if the person has died.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.
