Legal Question in Elder Law in California

Can a Daughter with Power of Attorney borrow moneyb against her dads reverse mortgage, without his knowledge, and not put the funds in his account? If not, is there any recourse for him to claim the funds?


Asked on 7/27/10, 2:49 pm

2 Answers from Attorneys

Myava Escamilla Law Offices of Myava R. Escamilla

This sounds like an act of elder abuse or dependent adult abuse - I would contact the local Adult Protective Services and also the local police dept. and ask for an investigator who deals with elder abuse. The quicker you act, the more chance you have of recouping the funds on behalf of that person.

Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.

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Answered on 8/01/10, 3:39 pm
Robert F. Cohen Law Office of Robert F. Cohen

If dad would have done the same thing, then it's okay. From your question, though, it doesn't seem to be his wishes. First things first -- he might want to revoke the power of attorney immediately. If daughter doesn't pay him back, then -- if he can't go to court, but is otherwise mentally competent -- he could appoint a new attorney-in-fact for purposes of court or all other purposes, and sue his daughter for breach of fiduciary duty, among other things.

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Answered on 8/01/10, 3:42 pm


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