Legal Question in Criminal Law in California

Using Power of Attorney to Steal Money

A relative of mine was given Durable Power of Attorney over my Grandmother's business transactions and placed as a signer on my grandmother's bank accounts. We have since found out that she has used these instruments to remove 75K dollars from grandma's savings. We have been able to recover 50K of it but she is claiming that the remaining 25K was repayment for some repairs she did on one of Grandma's properties. She never presented receipts for this money or informed Grandma that she took the money out of her accounts. She is claiming her attorney told her to do this.

We don't know whether to pursue this as a criminal matter. My sister would like to call the DA and report her for elder abuse. We have already spoken to APS about this. Is this something that we should pursue with the DA? Or is this something that would be a civil matter?


Asked on 4/22/02, 1:00 pm

2 Answers from Attorneys
Larry Rothman Larry Rothman & Associates

Re: Using Power of Attorney to Steal Money

You should try to file a criminal report with the police. Most likely, they will tell you that it is a civil matter. It sounds like you have a great action for breach of fiduciary duty and fraud. If you fax me all documents to 714 363 0229, I will provide you with free consultation.

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Answered on 4/23/02, 6:56 pm
Victor Hobbs Victor E. Hobbs

Re: Using Power of Attorney to Steal Money

The law is a three barrel gun: civil, criminal, and administrative barrels. I'd use the criminal barrel and report the matter to the police. If the police don't file. Then I'd consider taking civil action. The powers of attorney that the lady has should be revoked. You may also call the health and welfare department in your county, or the county public guardian's office may be better. And have them inspect the conditions under which grandma has been living. If the lady refuses to surrender her authority, i.e. powers of attorney. As an alternative someone in the family may have to seek a conservatorship over grandma. This in fact may be the only way to sue the lady civilly. If grandma doesn't have all her faculties. She can't be the plaintiff.

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Answered on 4/22/02, 1:21 pm


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