Legal Question in Civil Litigation in West Virginia

Guy Took Money Out Friends Account

My friend was a millionaire her friend had medical power she gave it to my friends ex, he took her money out her account she went to trial and said she lost. Is this really Legal or is she full of it. How can someone take your money and keep it ?


Asked on 5/07/08, 9:14 pm

1 Answer from Attorneys

Thomas Zimmerman Zimmerman Law Office

Re: Guy Took Money Out Friends Account

A medical power of attorney in W. Va. is a springing power, that is the agent can make medical decisions only when the principal is not competent to do so. It has nothing to do with business affairs. A power of attorney is a written document which proves and can limit the authority of an agent. The agent has no discretion to make decisions and can only act under the power of attorney ad the direction of the principal. It is not transferable. It sounds like there is fraud in your fact statement. It also sounds like the bank may have made a mistake if they allowed a third party to act under a power of attorney. The person who lost the money should see a lawyer and perhaps the prosecuting attorney.

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Answered on 5/08/08, 11:39 am


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