Legal Question in Elder Law in California

My father who is 85 and very ill gave his power of attorney to his stepdaughter who lives with him and along with myself and my brother, take care of our father. My brother and I just learned that she used her power of attorney to close out a rather large CD of my father's that was getting over 4% interest. The penalty alone was over $12,000. She has not accounted for the money and she says there is nothing my father can do about it since she had power of attorney. Is this true? Can we go to the district attorney directly and have her prosecuted? What is the procedure?

Thank you for your response.


Asked on 2/25/11, 5:31 pm

1 Answer from Attorneys
Chris Johnson Christopher B. Johnson, Attorney at Law

She's not quite right, in that she's accountable for the money and can only use it for your father's benefit. If she's still not forthcoming with answers, you can report it to the police (who, depending on the officer and department, may or may not listen to you) and also to the Adult Protective Services for your county. The district attorney offices will sometimes take elder abuse complaints directly, so it's worth calling them as well.

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Answered on 2/27/11, 10:24 am


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