Legal Question in Wills and Trusts in Arizona
Can I Sue if the POA took money left for me?
My father was the POA of my great grandmother's estate when she passed in 2001. My great grandmother had an account set up for over 20 years for me and my brother with over 10K in each of them. Once my father became POA, he drained the accounts and used the money for himself. I don't have a relationship with him, yet he told me in 2003 that he would replenish every dime in those accounts. Nothing has happened and I am wondering if I have any legal recourse, or if that money is lost and never to be recovered. The accounts were savings and there is a record of them at the local bank. Also, how can I get a copy of my great grandmother's will to see if she had any specific parameters set up for my brother and I? Any advice would be appreciated!
1 Answer from Attorneys
Re: Can I Sue if the POA took money left for me?
Yes, the Agent, acting under a Power of Attorney, is a fiduciary and is duty bound to act only in the best interests of the Principal, your Great Grand-mother. Depending upon the date when the POA was signed, an agent who steals the principal's money, may be held responsible, both civilly and criminally. He may also have violated the elder law statutes against exploitation of a vulnerable adult. You should take immediate action and make the appropriate complaints to the police if they will actually investigate the complaint and/or bring an action in probate court.
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