How to Fight a Fraudulent Power of Attorney?

Question from Love, How to Fight a Fraudulent Power of Attorney?

Answer from AI:

If someone has fraudulently filed a Power of Attorney (POA) to control another person’s assets, especially when the victim is capable and unaware, there are several steps they can take to address the situation. This scenario involves potential criminal activities and civil remedies. Here’s a general guide on what the victim can do:

Steps to Take Against a Fraudulent Power of Attorney

1. Verify the Power of Attorney Document:
– Obtain a copy of the POA document from the relevant authorities or institutions where it was filed or used.
– Check for any signs of forgery or unauthorized signatures.

2. Contact Law Enforcement:
– Report the fraudulent activity to local law enforcement. Fraud and forgery are criminal offenses, and the police can investigate the matter.
– Provide any evidence of the fraud, such as the fraudulent POA document and any communications with the perpetrator.

3. Notify Financial Institutions:
– Inform banks and other financial institutions about the fraudulent POA to prevent unauthorized access to accounts.
– Request that they flag the accounts for suspicious activity and require additional verification for transactions.

4. Consult with an Attorney:
– Seek legal advice from an attorney specializing in elder law or estate planning. They can help navigate the legal process and potentially file a lawsuit to invalidate the fraudulent POA.
– An attorney can also assist in recovering any assets that may have been wrongfully taken.

5. File a Civil Lawsuit:
– Consider filing a civil lawsuit against the perpetrator for fraud, conversion, or other applicable claims to recover damages and potentially punitive damages.

6. Revocation of the Fraudulent POA:
– If the victim is capable, they can formally revoke the fraudulent POA by creating a revocation document and notifying all relevant parties, including financial institutions and the perpetrator.

Potential Crimes Committed by the Perpetrator

The perpetrator may have committed several crimes, including:

– Fraud: Intentionally deceiving someone to gain an unfair advantage, such as control over assets.
– Forgery: Falsifying documents or signatures to create a fraudulent POA.
– Identity Theft: Using someone else’s personal information without their consent for financial gain.
– Elder Abuse (if applicable): Exploiting an elderly person for financial gain, which is a crime in many jurisdictions.

Legal Resources and Further Actions

– State Laws: Each state has specific laws regarding POAs and fraud. It’s important to understand the laws in the state where the victim resides. For example, the Uniform Power of Attorney Act provides a framework adopted by many states.
– Self-Help Resources: Many states offer self-help legal resources online, which can provide guidance on revoking a POA and reporting fraud.
– Consult Legal Professionals: Given the complexity and potential criminal implications, consulting with a legal professional is crucial for personalized advice and effective action.

For more detailed information, you can refer to resources like the [American Bar Association](https://www.americanbar.org/groups/real_property_trust_estate/resources/estate_planning/power_of_attorney/) or your state’s attorney general’s office for guidance on handling fraudulent POAs.