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By: Scott Grossman on August 27th, 2016

Powers Of Attorney May Be A Source Of Financial Abuse Of Your Loved One


As part of many estate plans, individuals will often execute a durable power of attorney. This document allows an individual to appoint an agent to make financial decisions and take actions on their behalf, just as if they were doing it themselves. The power typically takes effect the moment the document is signed and does not depend on the individual being deemed incompetent prior to its use. Unfortunately, with such a significant power comes the risk of abuse. If you suspect that your loved one was taken advantage of through a power of attorney, it is important to take swift legal action in order to protect the estate.

Twelve Signs That Abuse of a Power of Attorney Has Occurred

What signs might exist when financial abuse involving a power of attorney has taken place? The following is an overview:

  1. Your loved one was an overly trusting person and gave a power of attorney to someone.
  2. There was a sudden change in your loved one’s overall financial circumstances.
  3. You see signs of fraud.
  4. Your loved one was incompetent.
  5. Your loved one demonstrated a sudden change in his behavior, such as appearing emotional or worried.
  6. The person that was given the power of attorney had a need for money.
  7. Your loved one lacked mental capacity.
  8. You suspect that your loved one was subject to undue influence.
  9. Your loved one was diagnosed with dementia, Alzheimer’s disease, or other mental illness.
  10. Your loved one was under duress.
  11. Your loved one had an inability to care for himself.
  12. Your loved one was subject to coercion by family, friends, or others.

If your loved one may have been the victim of financial abuse through a power of attorney, we are here to help. Our attorneys have represented many families in their attempt to protect the estates of their loved ones. Ready to take action? We encourage you to fill it our easy contact form to obtain a copy of our free guide, Winning the Inheritance Battle: The Ultimate Guide to California Trust and Probate Litigation.

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The Grossman Law Firm, APC (951) 523-8307