Legal Question in Wills and Trusts in Connecticut

Re: Power of attorney rights

In response to your inquiry as to the rights of an attorney-in-fact acting under a power of attorney, I cannot give you a direct answer because I do not know the powers that were given under the POA. If it was a general power of attorney, ie. covering all financial matters, including the power to borrow money, then charges to a credit card would normally be covered. However, it is up to the credit card company to demand documents to show that the POA is valid and has not been revoked unless the card has previously been used or setup in as a joint account. In order to prove fraud in the charges depends on many factors, that you have not explained in your question. Is your grandfather under a conservatorship, incompentant or under some court supervision? Did he give her the power to charge to the account? What is your relationship to his finances and the right to question them? There are State agencies to protect the elderly and, if you are concerned about money being stolen or fraudulent debts incurred, they should be contacted to inquire. However, I can't give you a complete answer because I don't know the powers the POA contains or your rights to inquire into them. Normally, you would not have any rights, except to report to a state agency, unless you had standing to bring an action for or on behalf of your grandfather, which may be granted by the probate court or some other document your grandfather signed giving you the authority. Without knowing all the factual situation, I would, if I were you, contact the State agency for the Protection of the elderly and see if they can assist. Thanks for contacting LawGuru and I'm sorry that I can't give a clear answer. I just don't know the facts of the situation. Tom Noonan