Legal Question in Elder Law in South Dakota

Power of Attorney

a cousin in Nebraska had power of attorney for my grandmother in South Dakota. As far as I know, she had full POA. Are there any laws/rules governing what the POA can and cannot do with money and property? Grandmom has died and a review of accounts shows that about $500,000 has disappeared from the estate. Is there any recourse if the money disappeared while the cousin had POA?


Asked on 8/11/04, 10:08 am

1 Answer from Attorneys

Michael Olden Law Offices of Michael A. Olden

Re: Power of Attorney

I just answered a question regarding the power of attorney in the revocation of the same. The rules are dictated by the state in which the power is given in use. You of a problem because you of a cousin and Nebraska having a power of attorney over a grandmother in another state. The best thing I can tell you is get an attorney immediately because you have interstate problems. The beneficiaries of your grandmother are being ripped off it appears. Therefore, you need an estate planning/probate attorney who is knowledgeable in this area. It should be an attorney in South Dakota or your California attorney hopefully we'll have a South Dakota connection. Good luck is to that man! It is not going to be an easy road to halt and you need an attorney local applicable to your grandmother. That being hopefully in the same county in which she lived and died. The big problem is your cousin is in Nebraska so the ripped your woe and your other family members off you have to go to Nebraska to confront him. And I do mean go there in all probability at some point in time but get an attorney and Nebraska at the same time. There are complicated sets of facts and yours is one of the most complicated without even scratching the surface. Do not be discouraged and give up before you start finding out if there is something you can do. At $500,000 the stakes are too high.

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Answered on 8/11/04, 11:50 am


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