Legal Question in Wills and Trusts in New Jersey

my brother has power of attorney for my mother and has taken over $100,000 that we know of for he own personal use, what should I do?


Asked on 12/10/09, 11:15 am

1 Answer from Attorneys
Jonathan Chester The Law Office of Jonathan S. Chester, Esq., LLC

Anyone acting under a power of attorney is doing so as a fiduciary. They may not use money or property for their own personal use.

Assuming what you say is true, and your brother has taken over $100,000 you should contact the police and/or Morris County prosecutor's office. You can also file a civil lawsuit demanding he file an accounting as POA. If the accounting is deficient or assets are missing, he can be held liable. A guardian should also be appointed to help handle your mother's affairs.

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Answered on 12/15/09, 11:29 am


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