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Durable Power of Attorney Litigation

The scenario generally proceeds something like this:  (1) Mom/dad is starting to lose their memory.  You have noticed that mom/dad says things over and over again.  (2) Two years ago mom/dad gave brother/sister a power of attorney, and lately brother/sister seems to have a lot more money than they used to have.  (3) You tried to talk to mom/dad about it, but you are not sure that she/he understands what you are talking about, and she/he always changes the subject when you bring it up.  (4) Last month you heard brother/sister telling mom/dad that you were after mom’s/dad’s money.  Nothing could be further from the truth.  You are concerned that all mom’s/dad’s money will be gone and do not know how to see if brother/sister is stealing it. 

There are many variations of this story.  A durable power of attorney is a powerful document.  Unfortunately, when an elderly person is slowly losing capacity, the elderly person is no longer able to evaluate whether their agent is properly exercising the agent’s authority.  Doing nothing often results in theft on a large scale.  If you suspect this problem with a loved one, do not hesitate to contact Matthew A. Linde, P.A. for more information concerning your options.

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Library for Durable Power of Attorney Litigation:

• A durable power of attorney can be very misleading because it is one of the few estate planning documents that does not necessarily mean what it says. Without a basic understanding of the law, an agent can quickly get into trouble.   
  Description: Just because a durable power of attorney says an attorney in fact you can do anything the principal can do, that does not mean that the attorney in fact can do anything the principal can do.

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