Legal Question in Criminal Law in New Jersey

Abuse of Power of Attorney

While the father is slowly dying of cancer, his daughter takes power of attorney and changes the will to change the benefitiary of his life insurance policy from the wife (the daughter's stepmother) to herself. This was discovered after the father died and his widow attempted to collect. Is this criminal abuse of power of attorney? If so, what is the best course of action for the widow?


Asked on 7/02/07, 5:11 pm

3 Answers from Attorneys
Gary Moore Gary Moore Attorney At Law

Re: Abuse of Power of Attorney

It sounds like a violation of her fiduciary duty making her subject to a lawsuit to recover the funds. Her action might also be criminal.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

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Answered on 7/02/07, 6:27 pm
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: Abuse of Power of Attorney

I suggest you call the police. That is the only real course of action when you suspect that a crime has occured.

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Answered on 7/02/07, 6:47 pm
Barry Kozyra Kozyra & Hartz, LLC

Re: Abuse of Power of Attorney

We have handled estate issues and litigation against executors or beneficiaries who have taken advantage of the dying and forced the return of ill-gotten gains. A Power of Attorney has limitations and they may have been exceeded.

You should act quickly and consult counsel before the money is spent.

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Answered on 7/03/07, 9:02 am


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