Power of attorney question

[Robert99]

What is the name of your state?What is the name of your state?What is the name of your state?What is the name of your state?
Mass
This is my 3rd question involving the same estate because of my brothers dealings with my Aunt.
My brother had power of attorney for my Aunt for 5 months before she passed away. During that time he talked my 99 year old Aunt (among other things) into signing over her bank accounts to include his name, POD. The heirs of her estate were told that $136,000 were in her accounts when she died. The heirs had a meeting 3 months before my Aunt died with my Aunt's lawyer (also ours) and my brother, asking him why he was changing her accounts to his name as POD (it's a long story as to why we knew). He said that he was doing that in case he needed money for my Aunt's care. Our/his lawyer told him that was
not necessary as he was a POA for my Aunt. He stated at that meeting that he would split the bank accounts as per the will even though they were in his name
At a probate hearing, we(the heirs) were told that only $62,000 was in my Aunt's accounts
because the other money was POD and it was legally his now.
I know that POA's had broad powers, but is this a legal issue we should pursue.

 

[seniorjudge]

If auntie gave him the power to do what he did, then you have a tough row to hoe.

How will you prove that auntie did not intend to do what she put in writing and had notarized?


...The heirs had a meeting 3 months before my Aunt died with my Aunt's lawyer (also ours)....

ALWAYS a bad idea! That lawyer should be chastised by the state bar.

 

[Robert99]

...The heirs had a meeting 3 months before my Aunt died with my Aunt's lawyer (also ours)....
---------
It's been 4 years and I getting forgetful.
The meeting was 3 months after my Aunt passed away, and was called by the lawyer because I had called him about the changed accounts and problems with my Mothers estate and my brother.
My mother was the caregiver and POA for my Aunt for 15 years, before she passed away and my brother took over the POA because he lived closest to my Aunt.
The lawyer was my Mothers and my Aunt's and then became my brothers when he used him to change my Aunt's will.
The only thing I remember about the POD accounts was that my brother had my Aunt sign the slips of paper he showed me that were not notarized, they just required a signature and he brought them to the bank. She was 99 and did not go to the bank with my brother.

 

[Dandy Don]

Find out from an attorney if your state has laws against abuse of POA. If it does, then you can file charges against him. He is supposed to keep receipts for monies he spent for her care, and if he can't account for the money he has to pay it back to the estate.

 

[seniorjudge]

Find out from an attorney if your state has laws against abuse of POA. If it does, then you can file charges against him. He is supposed to keep receipts for monies he spent for her care, and if he can't account for the money he has to pay it back to the estate.

Are you saying that some states have criminal laws against abusing a POA?

If so, please give me one cite.

Thank you.

 

[Dandy Don]

Seniorjudge, I'm not here to do legal research for you. Go to findlaw.com and pick one of the 50 states and look it up yourself. And if YOUR state doesn't have such laws you need to be suggesting that they get them. Or take a shortcut and consult a family law attorney or your attorney general and they can steer you in the right direction.

 

[seniorjudge]

...And if YOUR state doesn't have such laws you need to be suggesting that they get them....

Please tell me what kind of criminal law making abuse of a POA you are advocating.

Thank you.

 

[Dandy Don]

Do a GOOGLE search using the phrase "abuse of power of attorney" and "law" and find out for yourself. Gee whiz! Just because you don't believe me doesn't mean that the law doesn't exist.

 

[seniorjudge]

Do a GOOGLE search using the phrase "abuse of power of attorney" and "law" and find out for yourself. Gee whiz! Just because you don't believe me doesn't mean that the law doesn't exist.

Okay, if you don't know the answer, that is all I needed to know.

 

[Dandy Don]

I know the answer, I just don't want to give you the satisfaction. Why is it so hard for you to believe that there would not be a law in place to make people who abuse POA be liable for the criminal activity? It happens every day and people post here about it all the time.

 

[seniorjudge]

I know the answer, I just don't want to give you the satisfaction. Why is it so hard for you to believe that there would not be a law in place to make people who abuse POA be liable for the criminal activity? It happens every day and people post here about it all the time.

I cannot imagine any prosecutor taking on something like that; it is a civil matter.

You are the one who said there were criminal statues against it.

I just wanted to see ONE of those criminal statutes but you don't know of any since you cannot cite them.

You are the one who brought it up, not me, so you have the burden of proof.

 

[Robert99]

Is there a problem (actionable) if my brother said in front of a lawyer and the heirs to the estate that he used his POA to change my Aunt's accounts to his name and POD so he could access her accounts in case she became sick and needed the money, but his intention was to split the accounts as per the will. The lawyer explained to him that he did not need to do that as he had POA and could access her accounts at any time.
If he said that to us in front of a lawyer, and now claims that my Aunt wanted him to have her accounts and refuses to put those accounts in the estate, do we have a case?

 

[BelizeBreeze]

Is there a problem (actionable) if my brother said in front of a lawyer and the heirs to the estate that he used his POA to change my Aunt's accounts to his name and POD so he could access her accounts in case she became sick and needed the money, but his intention was to split the accounts as per the will.

What is wrong with that? That's what a power of attorney is for, access.

The lawyer explained to him that he did not need to do that as he had POA and could access her accounts at any time.

He may not have NEEDED to but there is nothing illegal in the actions.

If he said that to us in front of a lawyer, and now claims that my Aunt wanted him to have her accounts and refuses to put those accounts in the estate, do we have a case?

Doubtful but that is a question of fact for a judge.

 

[Dandy Don]

You need an attorney familiar with your state law to check and see what the requirements are for abuse of POA and how that is defined. It may specify that he is supposed to account for the money that he spent by proving he used it for her and if he can't do that, he is in trouble.