New POA specifically revokes old POA but old POA keeps doing things anyway.

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Relative had POA on Mom and abuse his authority. I got new POA and it specifically revokes the relative's POA. But he keeps doing things. I don't want to spend the rest of Mom's life cleaning up his messes, so to speak. Ex: He was arrested and put her house up as collateral for a $7000 loan to bail bond company. They fell for it and let him out of jail. Of course he did not repay the loan. I was able to handle this incident successfully. I wish I could get a hold of his orig POA and burn it! HIs name was NOT on the mortgage or title to her house.

Attorney Answers

3
Yury Byalik ·
One thing you should do is contact financial institutions and other places where this individual may attempt to use his POA and send them a copy of your new POA. Also if he is aware of the new POA, you should contact the police as this may be a criminal matter as well as a civil matter because now this is a matter of fraud. http://legalhelp.org/forums/
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Steven Fromm ·
The prior attorney offers sound advice. In addition, you should send letters and emails to this person informing him that the power has been revoked and putting him on notice that any further actions involving this POA will be dealt with accordingly. Finally, by alerting all financial institutions and having them destroy the copy of this no longer valid document you can pretty much control this situation. Just be sure you know about all of mom's accounts and assets and secure them accordingly. Demand to have it listed by the executor. Also demand an full and complete accounting. Get an estates attorney to assist you and to review the actions of the executor. For grounds for removal, please see my article entitled Probate: Removal of Personal Representative Under PA Estates and Fiduciary Code at the following link: http://www.sjfpc.com/Probate_Removal_Executor_T.... Even though it relates to PA most states use similar tests for removal. Hope this helps. If you like this answer and have a Google account , please hit the +1 sign above. It takes just a second to do this and it would be most appreciated and would help others. Thanks. Mr. Fromm is licensed to practice law throughout the state of PA with offices in Philadelphia and Montgomery counties. He is authorized to handle IRS matters throughout the United States. His phone number is 215-735-2336 or his email address is [email protected] , his website is www.sjfpc.com. and his blog is
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Jan Tamanini ·
Mr. Fromm's answer is aimed at someone asking about the estate of someone who has died. You asked about a power of attorney for your still-living mother, while his answer mentions a personal representative of your mother's estate, which, since she is still alive, is clearly not the case here. Mr. Fromm generally gives good advice, but in this case he's answering a different question than the one you asked. The first answer gives you good advice regarding contacting all of the financial institutions -- this should include any credit card companies or other loans (does she have a home equity line of credit that this other relative could access?) that your mother may have. Make certain that you do send a letter to the old attorney-in-fact (the person appointed by the first POA) with a copy of the more recent POA. You may want to send it certified mail with delivery confirmation, so that you know your sketchy relative has received it. And definitely contact your local police (or if your relative is in another municipality, contact the police there) to let them know about his fraud. If he's out on bail, this may be enough to put him back behind bars as a violation of the bail terms. Of course, as with all of my online answers, my advice is limited by the brevity of your question and the facts provided. Additional information would be required to provide definitive legal advice, so this answer isn't intended to, and does not, create an attorney-client relationship. Good luck! If you feel this answer has been helpful, please consider checking the "thumbs up" box below.
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