What can I do about power of attorney abuse by my sister?

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?

Answer:

The agent appointed by a power of attorney must act in the best interest of the person they represent. If your sister has taken money or assets for her own use, she has breached her fiduciary duty. This means she can be held liable for returning the money or property and may face additional damages. You or the estate can file a lawsuit against her for these actions.

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.

FAQs

To supersede a power of attorney, you can create a new power of attorney document that explicitly revokes the previous one. This new document must be signed and notarized according to your state's laws. Additionally, you should inform the previous agent and any relevant financial institutions of the change to prevent further actions under the old power of attorney.