What You Can Do If A Relative Is Abusing Power Of Attorney Rights Of Your Senior Parent

Power of attorney (POA) is a legal tool used when people become unable to make decisions on their own. While this tool works well when the POA is trustworthy and loyal, it can be a huge source of problems if the person abuses his or her POA rights. If this is happening in your family, you will need to hire a good family lawyer quickly. Here are several things you should know about this.

This is abuse

When a person is unable to make decisions and gives another person the right to make decisions for him or her, the role the POA accepts is a huge responsibility. This responsibility should be taken seriously, and the person serving as POA should make the decisions in the best interest of the other person.

When a POA fails to do this and takes advantage of the helpless senior, it is considered abuse. This type of abuse is a crime, and the family of the senior can fight for justice. Fighting for your loved one is not an easy task though, which is why you will need a lawyer to help you.

The lawyer will pursue several different things

As soon as you hire a lawyer, the lawyer will set out to complete the most important task first, which is to get the POA rights revoked from the person abusing the role. Getting this to happen will require a court order from a judge, and you will need to provide proof of what is happening.

One way to prove this is by obtaining financial records from your loved one. If you are able to do this and can see that the POA is withdrawing large amounts of money for no apparent reason, you might have enough evidence.

If the court revokes the person's role as POA, there may still be several things that need to happen, including:

  • Choosing a new POA to make the decisions
  • Requesting that the original POA return the money he or she took
  • Filing a lawsuit to get the money back if the person will not return it

If you suspect abuse of this kind, it is very important for you to visit an attorney. If a person is abusing his or her role as POA, someone needs to put a stop to it. If you have questions about this or need assistance, contact a family law attorney in your neighborhood today. To learn more, speak with someone like Robert L. Flanagan.