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jenmaui Asked September 2011

What is a durable power of attorney?

My grandmas power of attorney has stolen at least $80,000 from her bank account.
I am in Hawaii, she is in Brooklyn. This person was made on 5/18/2010-doesnt he have to answer to someone? Can any member of her immediate family request a accounting report? Also my dad was in New York in 2010 when this took place & after he left, the man had closed my grandmas bank accounts and put them in his banks under his & his wifes name, is tha illegal?

AgingCareCM Sep 2011
Hi jenmaui,

There is a great article written by an AgingCare.com Editor that was already posted in our community. We thought this might answer your caregiving question.

What is Durable Power of Attorney?
https://www.agingcare.com/articles/what-is-durable-power-of-attorney-140233.htm

We hope this helps. Please let us know if you need anything else and we look forward to seeing more questions and discussions from you.

Thank you,
Karie H.
The AgingCare.com Team

notrydoyoda Sep 2011
Who is this person? What they did was wrong.
Durable POA gives a rather broad rang of authority in dealing with someone's finances for say in this case your grandmas benefit. A Durable POA can pay bills with your grandmother's money. They can buy and trade stocks if your grandmother owns any; fill out income tax returns in your mother's behalf as well as pay the taxes using her money; etc. Have you ever seen the Durable POA? Many people file the durable POA with the register of deeds and can be seen online. He cannot legally close your grandmas bank accounts and put the money in his banks under his and his wife;s names. I would contact those banks because they should have had a copy of the durable POA and known this was not right at all. Lastly, you need to get a lawyer.
Yes, you can ask for a report showing how this money has been spent.

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yellowfeever Sep 2011
Call the dept of aging in the county or city that your grandma resides in. Make a report of elder abuse. They will investigate and make POA prove spending of money. I have Durable power of attorney, I have the right to make decisions on behalf of my mother. However, I am not allowed to use my powers for personal gain. And if she(grandma) is getting Soc. Sec. she must have her own bank account. Depositing her checks into another account holders is a no no with the government. If you have proof call the soc. sec office and report that too. All this can be a done without the POA knowing it was you who reported.

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