If I believe our sister, who is POA of our mom’s bank account, has been stealing money from the account what are our rights?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If I believe our sister, who is POA of our mom’s bank account, has been stealing money from the account what are our rights?
What do we need to do?
Asked on June 3, 2019 under Estate Planning, Alabama
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Your mother, or you (or your other sister) as the "attorney-in-fact" or "agent" (those are the terms for the person granted power by a POA) on behalf of your mother, could sue that other sister for the return of any amounts she stole or took/used for her own benefit (rather than for your mother's benefit, which was her "fiduciary duty" as the agent--to not take/use your mother's money for herself). That's the recourse--to seek the return of the money in court.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.