Legal Question in Wills and Trusts in Indiana
Power Of Attorney
Recently my mother granted legal power od attorney to my brother and myself, due to failing health. She is still of sound mind, but has been diagnosed with terminal cancer. Just a couple of months ago my brother abused his rights as power of attorney, by going to my mother's bank withdrawing money, (total amount unknown as of yet) and made personal purchases with said monies. He has also used a large sum of monies to do restoration on his house, which is by the way his only by a land contract deal which is not fully satisfied. My question is thus: given the fact that the monies used by my brother were not for the benefit of my mother, but for himself, 1). has he violated his rights as power of attorney, 2). if so, what can I do to get his power of attorney revoked?
1 Answer from Attorneys
Re: Power Of Attorney
Your mother can at any time revoke a power of attorney. Once she has done this she must notify all parties who might be involved that she has done this and that you brother no longer has any legal rights to her assets. In order to get the money back from you brother your mother must sue him in court for fraud. Not only can she make a claim for the money that he stole, but she can sue him for additional damages since he intentionally defrauded her. If you would like additional information please feel free to contact my office at 877-546-9918 or by email at [email protected]. The call and consultation are free.
I look forward to speaking with you.
John Hayes, Esq.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
