From: judgebean23x@gmail.com   
      
   What Can I Do if I Suspect That Someone Given Power of Attorney Is Acting   
   Fraudulently?   
      
   26 answers | Last updated: Mar 03, 2016   
      
      
   A fellow caregiver asked...   
   What can I do if I suspect that someone given power of attorney is acting   
   fraudulently?   
      
   Expert Answers   
      
   Barbara Repa, a Caring.com senior editor, is an attorney, a journalist   
   specializing in aging issues, and the author of Your Rights in the Workplace   
   (Nolo), now in its 10th edition.   
   A person named as an agent in a power of attorney has the legal duty to act in   
   "the best interests" of the principal -- that is, the person who made the   
   document. While that's a little fuzzy as a legal standard, the greater   
   practical truth is that you    
   know fraud when you see it: for example, money being siphoned from a bank   
   account instead of being used to provide for the principal's health and safety.   
      
   An outsider trying to detect such fraud, however, is pinned in a difficult   
   spot, since it may be tough to find out exactly what the agent is doing. In   
   most states, the agent will not automatically be required to account or report   
   to a court or to family    
   members or other concerned individuals.   
      
   Your first step will be to get specific about your concerns about exactly what   
   makes you suspect fraud is occurring. Then try to have an honest talk with the   
   agent. Don't be accusatory; simply emphasize that you're interested in knowing   
   what's going on.    
   Also let him or her know you're available to help or that you support the idea   
   of hiring someone else to lend some assistance -- perhaps a bookkeeper to do   
   some basic accounting -- if that will relieve the burden of acting as agent.   
   In a surprising    
   number of cases, that show of care and concern clears up the matter.   
      
   If that step isn't possible or successful, you might ask a court to review the   
   agent's acts to make sure they're on the up-and-up, and possibly to require an   
   accounting so that the finances can be more directly monitored. To start this   
   procedure, check    
   the requirements of the nearest probate court. You should be able to find it   
   by searching for probate court and the name of the city or county.   
      
   Defrauding an older person may be a form of financial abuse, which is strictly   
   prohibited by the elder abuse laws in effect in every state. If you're fairly   
   certain that some financial abuse is occurring and have good evidence to prove   
   it, such as past-   
   due bills that should have been paid for the principal, or receipts showing   
   the agent used the principal's money for his or her own gain, consider   
   consulting the office of adult protective services nearest to where the older   
   person lives. You can find    
   contact information by doing an Internet search of adult protective services   
   along with the name of the state. Most of these agencies operate confidential   
   hotlines to help callers define and direct their complaints, can provide   
   referrals to local sources    
   for more help, and sometimes undertake investigations on their own.   
      
   Finally -- again, if you're fairly certain that financial abuse has occurred   
   and have some solid evidence to prove it -- consider hiring an elder law   
   attorney for help in filing a claim against the agent. Before making any   
   decision to hire, make sure the    
   lawyer is experienced in seeking compensation from people who have abused and   
   misused powers of attorney by intentionally stealing property or negligently   
   handling someone else's property.   
      
   Community Answers   
      
   Blanche katz answered...   
   Here's a hint! When and if reporting to the local police departments, it is   
   advised to have contacted the local Adult Protective Services first. APS wil   
   do an investigation which the local police may not have the time to do right   
   away. Many times the    
   local police have more pressing crimes to contend with and not being funded to   
   provide the proper personnel, the status of the elderly gets put "on the back   
   burner". With the APS report, they will be able to begin to focus their   
   limited resources towards    
   gathering the necessary evidence and the chances for the conviction will be   
   enhanced.   
      
   Blanche Katz, MSN, RN, GNP The ElderCare Educator   
      
   A fellow caregiver answered...   
   Please listen ! A lot of time when you give Power of Attorney to someone,they   
   will turn into a monster.You think you know them ,but you don't.You will be   
   made a big mistake. I know of a case where the Mother gave a her own daughter   
   POA,and the Mother was    
   just fine living alone and taking care of herself and the daughter put her in   
   a nursing home,and the other daughter had to really fight a battle to get her   
   out of the hursing home.The daughter who had the POA even stopped the other   
   daughter from visting    
   her Mom in the nursing home.PLEASE LISTEN TO ME,THEIR IS A LOT OF PEOPLE WHO   
   HAVE HAD THE SAME TROUBLE FROM GIVING THE POA TO SOMEONE.PLEASE KNOW WHAT YOU   
   ARE DOING WHEN YOU SIGN YOUR POWER OF ATTORNEY OVER TO ANYONE.IT SHOULD BE   
   NAMED ( POWER OF MY LIFE    
   ).THE PERSON YOU SIGN THE POA OVER TO RUNS YOUR LIFE ,AND DOES WHATEVER THEY   
   WANT TOO, THEY DON'T EVEN HAVE TO ASK YOU BEFORE THEY DO WHATEVER THEY WANT   
   TOO TO YOU ! .I PRAY THIS WILL OPEN YOUR EYES.DON'T EVER SIGN A DURABLE POWER   
   OF ATTORNEY OVER TO    
   ANYBODY PLEASE. IF THIS HASN'T CHANGED YOUR MIND IF YOU WAS GOING TO SIGN ONE   
   OVER ,AT LEAST PLEASE LOOK IT UP ON YOUR COMPUTER ,OR GO TO A NURSING HOME AND   
   SEE ALL OF THE PEOPLE (MOTHERS AND FATHERS ) THAT CRY DAY AND NIGHT THAT HAVE   
   SIGNED THEIRS OVER    
   TO SOMEONE THEY TRUSTED AND LOVED.   
      
   A fellow caregiver answered...   
   I had a similar problem with a sibling who had POA and then I discovered that   
   she was committing fraud. I collected all the evidence and documentation and   
   then went to my father's lawyer who helped me get her POA revoked. The Adult   
   Protective Services    
   may be able to help as well, but it would take longer, especially if the   
   parent is not able to participate fully in the process. It is very sad when   
   this situation occurs. Because of the POA revocation, my sibling has spread   
   vicious rumors to extended    
   family that I am keeping her from her father, yadda, yadda, yadda. To anyone   
   who finds themselves in this situation I have but one word of advice:   
   documentation. With clear documentation of the fraudulant activity, you can   
   live with all the naysayers    
   knowing that you did the right thing to care for your parent. Good luck!   
      
   The caregiver's voice answered...   
   ANOTHER POINT OF VIEW   
      
      
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