Legal Question in Wills and Trusts in New Jersey

My brother in law received my father in laws banking information and SS # his first name is the same as my father in law opened a fradulant savings account at the same bank which is PNC bank and transfered (on line) 12k in one week to the new saving account also forged the signature card. Albert admitted to the PNC bank officer he did was the one who did this also Albert told my father in law if he did not give him power of attorney he would be arrested. So after the fact my father in law signed the Power of attorney for him (Albert) at this time my father in law was sick in the hospital we feel Albert bullied him he made him sign a power of attorney so he would not be arrested. This was Sept 2012 he also forged my father in laws retirement paper work and life insurance my father in law passed away January 31, 2012 because Albert told them DNR does power of attorney give you that right? Can we file charges against him? My sister in law filed a police report in Bloomfield police department last week.

Asked on 2/16/13, 6:22 am

2 Answers from Attorneys

Walter LeVine Walter D. LeVine, Esq.

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While your facts are unclear, it appears that fraudulent activity was undertaken using a POA given while the person may have not been competent to do so. I think your dates are also incorrect, for if they were accurate, the POA would have been issued after FIL died. In case dates were wrong, you have rights to go after your BIL, possibly criminally, and definately in civil court. A normal POA does not give rights to issue a DNR, which requires a separate document (Health Directtive or Living Will). Since I have not seen the document or what language and provisions it contains, I cannot give an opinion about this. This is a response to an Internet question and the reply is for information purposes only and is not intended to be legal advice or as creating an attorney-client relationship.

Answered on 2/16/13, 9:01 am

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