Legal Question in Wills and Trusts in Pennsylvania

a person is a power of attorney to another person. Over time the family finds out that all funds have been exhausted but find out that the power of attorney used them for their own personal use. is this against the law?


Asked on 9/08/09, 8:15 pm

1 Answer from Attorneys

Solomon Weinstein Solomon Weinstein, Esquire

A power of attorney is a fiduciary who owns a duty to act in the best interest of its principal. If the attorney in fact used funds for his or herself then he or she did not act in the interest of the principal. of course additional facts not presented could possibly change the response it would appear that the attorney in fact has violated his or her duties as a fiduciary and an interested person could take legal action on behalf of the principal if the principal is not competant to take action his or herself. I would advise you consult with an attoreny to discuss this more in depth.

Read more
Answered on 9/14/09, 9:10 am


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Pennsylvania