How To Report Power Of Attorney Abuse?

Power of attorney allows an individual (a grantor or principal) to appoint an attorney-in-fact (also known as an agent) who is authorized to make decisions on their behalf. According to the legal documents, the agent must uphold their fiduciary duties, which necessitates acting in the best interest of the principal.

Sadly, in some cases, the agent will purposefully neglect their duty and start abusing their legal designation for personal gain.

When you suspect a loved one is a victim of power of attorney abuse, you must take immediate action to minimize the financial damage and potential harm that they may experience. 

Continue reading this article to learn how to report power of attorney abuse, including the basic information on identifying and proving the abuse is taking place. 



Clear Signs Of The Power Of Attorney Abuse

Most of the time, power of attorney abuse is not readily apparent, especially if the assigned agent is the person you trust. This doesn’t mean there are no indications that abuse is happening, though. If you pay close attention, you can notice some of the following:

1. Unusual Financial Transactions

Most commonly, power of attorney abuse involves the unauthorized transfer of funds to the agent’s personal account. This also includes suspicious cash withdrawals or purchases not aligned with the grantor’s needs. 

Furthermore, a sudden shift in the overall financial situation can be a dead giveaway of financial abuse. So if you become aware of unpaid bills or a lack of day-to-day essentials, you should start thinking about how to report power of attorney abuse. 

2. Grantor Is Being Isolated From Close Family And Friends

Just like other forms of abuse, exploiting the power of attorney abuse can involve isolating the grantor from friends and family. The agent might limit the grantor’s access to important information and prevent them from communicating with others in an effort to hide their nefarious actions.

Thus, if your loved one no longer attends social events or has seemingly started cutting off communication with you, your alarm bells should start ringing. 

3. Changes To Legal Documentation

An attorney-in-fact may also try to modify the grantor’s estate planning documents to exclude rightful beneficiaries in favor of themselves. 

Naturally, this is illegal. Someone with power of attorney can only change documents such as wills under specific circumstances, or if the grantor has expressed informed consent.

For instance, an agent is authorized to make changes to the will if the grantor is incapacitated. However, these changes must be in the grantor’s best interest, otherwise, they’re illegal. 

Similarly, if the changes are made without the grantor’s knowledge or consent, they’re a clear indication of power of attorney abuse. 

4. Changes In Medical Treatment

Power of attorney abuse can also occur when the agent modifies the grantor’s medical treatment that goes against their wishes. In addition, the agent could also fail to provide adequate living conditions or proper medical attention. 

You may not have a clear insight into these abusive practices so you need to pay close attention to the medical condition of the grantor. If you notice your loved one’s condition rapidly deteriorating, along with other signs of power of attorney abuse, you must take action immediately. 

What To Do If You Suspect Power Of Attorney Abuse

So how to report power of attorney abuse? You first need to find proof that the alleged is happening, and you can do so by gathering relevant evidence. Collect bank statements or any other financial documents that demonstrate the agent is abusing their power for their gain. 

You should also obtain all the records of your communication with the attorney-in-fact, including the times and dates.

The next step is to contact an attorney specializing in estate planning or elder law. They can provide you with legal options and inform you how to report the power of attorney abuse. Most importantly, an attorney can ascertain whether the agent’s behavior is criminal. 

If this is the case, you can contact law enforcement and they’ll take over the investigation and press charges against the agent. Some of the common examples of criminal behaviors include:

• Embezzlement Or Theft Of Funds: when the agent uses their legal power to take funds from the principal’s bank accounts or investment portfolios without the principal’s consent, you can press criminal charges.
  
  
• Fraud: if the agent forges the principal’s signature on legal documentation or makes false representations for their benefit (such as selling assets without the principal’s consent), you can report the agent to the police. 

The best alternative for contacting law enforcement is reporting the abuse to Adult Protective Services. This state agency investigates neglect, abuse, and exploitation of vulnerable citizens. Adult Protective Services can investigate your allegations and find evidence of any improper use of the power of attorney by the agent.

In addition, they can support the principal by introducing them to legal resources, healthcare providers, or social services. The main goal behind this is to help the principal overcome their challenges and assist them in regaining full control over their affairs. Lastly, Adult Protective Services may also work closely with law enforcement to hold the liable party accountable for any criminal behavior. 

If you don’t want to press criminal charges, you can seek a court order to revoke the current agent’s power of attorney and assign a new individual to the role. If your attorney can prove that abuse occurred, the court will order the agent to compensate the principal for any misappropriated funds. 

Protect Your Loved One With The Law Offices Of Mary E. King

When it comes to the power of attorney abuse, there’s no time to lose. This is a pressing matter and the sooner you take action, the sooner you can help your loved one recover the agency in their life.

Since the expertise of the attorney you hire matters, you should choose someone with plenty of experience handling sensitive estate matters. In this regard, the Law Offices of Mary E. King are by far the best choice for Florida citizens.

Our 20 years in estate and tax planning, together with droves of happy clients, are a testament to the quality of the legal services we offer. Regardless of the severity of the issue, we can help resolve it for you with care and an unprecedented level of expertise. 

Protect your loved one from financial harm - call 941-906-7585 or fill out our contact form.

Note: 

The information in this blog post is for reference only and not legal advice. As such, you should not make legal decisions based on the information in this blog post. Moreover, there is no lawyer-client relationship resulting from this blog post, nor should any such relationship be implied. If you need legal counsel, please consult a lawyer licensed to practice in your jurisdiction.