Legal Question in Criminal Law in California

My grandfather appointed me and my wife as his powers of attorney. We wrote checks signing his name, made ATM withdrawals, and he allowed us to have some money too in the form of cash. Since he is 97, his memory is not very good and forgot a lot of the things that we did. His bank called him and asked him to come in. They told him that they believed there was fraud being conducted. On their advice, he went to the police and filed a police report saying that the checks and ATM withdrawals were not authorized. The police have begun questioning me and my wife. When I talked to my grandfather, he said that he was confused about what the bank said and that he knows and approved what we did, even signing his name for him as he told us to do several times. Now he wants to have the police stop investigating the matter and he wants it dropped. If he tells the police that he does not wish charges to be pursued since he gave consent for us to do this, will the police listen to him when he says he does not want anyone charged? Since we had permission to do all this stuff, he now knows what it's about but we don't know how to avoid the police going too far.


Asked on 9/08/11, 10:02 am

2 Answer from Attorneys
David M. Wallin Law Offices OF David M. Wallin

I have handled many cases similar to yours. You should immediately contact a qualified attorney to speak with about what should be done in a matter such as yours. I offer FREE consultations, so you may contact my office at 661-2671313 and arrange a telephonic conference to discuss all the issues. Most attorneys will suggest to you NOT to have any further discussions with law enforcement, as only your attorney should be having conversations with law enforcement. David Wallin

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Answered on 9/08/11, 10:56 am


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