Legal Question in Elder Law in Illinois

Improper use of power of attorney

If you used the Power of Attorney to cash out cd's/bank accounts that were in the clients name with others heirs with surviorship, and you transfered the funds to another state,and put the funds into an account you opened and put your name on the account. What if any laws were broken, and could this be considered by Federal Laws.


Asked on 11/09/06, 4:40 pm

1 Answer from Attorneys

Jeffrey R. Gottlieb Law Offices of Jeffrey R. Gottlieb, LLC

Re: Improper use of power of attorney

It is going to very much depend on exactly what the Power of Attorney says -- what powers were granted to the agent. POA's are strictly construed such that if a power is not specifically granted, it is generally not allowed. Additionally, as a general rule, the agent is a fiduciary that is required to act in the principal's best interests. Powers of Attorney are normally governed by state statute. Illinois has a statute that provided specific rules and remedies for agents. You should contact an attorney in the appropriate jurisdiction for legal advice on your situation.

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Answered on 11/09/06, 7:09 pm


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