I am POA for my grandmother who is currently in a Rehab facility short term. She is not suffering from any mental disablilites so she can make all decisions on her own. Unfortunately she is suffering from heart and lung conditions. My uncle is also POA and he removed all of her finances from her bank without any other family members being aware including my grandmother. My mother is joint owner to the bank account and she was not aware and she did not sign off on any paperwork. What are my options as POA and what are my grandmothers rights since funds were removed without her clearance?
1 Answer from Attorneys
Your uncle violated his fiduciary duty by raiding your grandmother's account. There should be written demand to return the money and a revocation of his power. Thereafter, she will have to sue him if he refuses to return the money. If she revokes his power, notice needs to be sent to all her banks, physicians, etc.
TWO OFFICES IN NEW YORK (MANHATTAN AND NASSAU COUNTY)
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