Legal Question in Banking Law in North Carolina

My aunt who has raised me had POA over my g daddy and g ma and all there money. My g daddy got sick and passed. Her sister and her were caring for g ma. The other aunt lived out town and was home schooling two children. So she couldn't come much. The aunt who had POA called wanting me to help her with g ma and stay 24 hours sometimes days. I agreed because had been laid off. She had a debit card with her name saying could use to get money for me and g ma. Also gave me pin. Little did I know she started staying at her and g ma beach house and left her husband cuz she starting using drugs. She spend most of g ma money. So my other aunt got POA and took over. She closed both accounts and one that had her sisters name on it that she gave me to use also was part of g daddy estate she just also had her name on it. This aunt doesn't know yet she had gave to me to use. Now saying there pulling cameras to see who used it because wasn't her sister. First of all how can she press charges or pull anything if her name wasn't on card and other aunt who card it was knows nothing that she is doing. I guess I need tell her that other aunt gave to me to use. But I'm a lil scared but I had permission. Guess my other aunt can tell her she gave me permission. Just confused at how she has


Asked on 1/10/14, 9:17 am

1 Answer from Attorneys
Rachel Hunter

You should never have been using this debit card. I would refrain from posting any more details here in the event you get criminally charged.

Your post is complicated and you do not use names so its hard to figure what is going on. Are you saying that Aunt 1 had POA, started using drugs and used your grandparents money to fuel her habit, that aunt 2 found out and revoked aunt 1's poa? aunt 2 can inquire about the debit card use provided that it was linked to a bank account which had your grandmother's name on it. Aunt 2 assumed control over all of your grandmother's assets.

How much did you spend on this debit card? I think before it gets to the criminal stage, you aunt 1 and aunt 2 need to have a face to face consultation and go over the debit card usage and what it was used for. To the extent you bought things for the grandmother, you could probably argue that you should not have to pay that back, To the extent you bought things for you then you may have to pay them back. Aunt 2 needs to be told by Aunt 1 that you did this but that it was permissive and see if Aunt 2 will be ok with your making restitution or partial restitution.

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Answered on 1/25/14, 8:03 pm


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