elder law/power of attorney
while in the hospital recovering from a stroke with no mental impairmant, my father's girlfriend intercepted a check written to him for a car accident settlement signed her name and power of attorney and deposited it in her account without his knowledge. She did have durable power of attroney at the time but my dad was never and is not now mentally incompetent. Does power of attorney give her the right to do that and keep his money? Does she have to prove that what she did with his money was in his best interest in relationship to power of attorney? this occurred in the state of Florida in late 2006
1 Answer from Attorneys
Re: elder law/power of attorney
She has violated her fiduciary duty and he could sue her to recover the money. If he will is another issue.
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