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1derfulsons Asked January 2012

How do you deal with a family member who embezzles from your account or misappropriated funds, violating POA?

A number of years ago I granted a sibling POA for a select stock account to handle transactions for stocks in holding for my father who had also granted POA to this sibling for his financial matters at the time. Early on, the sibling borrowed money on margin from my account to buy stock for her personal investments. Additionally, the margin calls for unpaid charges resulted in the sale of my father's stocks to cover the lost margin money. I plan to engage a forensic accountant for a full stock evaluation of all accounts that can be identified for that time, including another $30,000 investment supposedly made in another sibling's name to hold Dad's assets. Those assets have yet to be located or reconciled by distribution or reinvestment.

How do I deal with the violator & with other siblings who don't see this as a problem & who defend the offender? I don't intend to file charges, but it's always an option even though my father has mandated it will not be done. I believe I have rights beyond my currently acting as his POA & trustee, rights that apply to the violation of my POA.

Your thoughts, besides only allowing POA to take action if you're incapacitated as determined by two medical doctors?

anonymous40843 Jan 2012
Easy answer. Contact you local area on aging Protective services and file a claim. They will let you know if you have means to have them investigate at no charge to you. Do it today!

NancyH Jan 2012
The problem is, while she was POA she could do any darn thing she wanted to do, so I'm not sure what your recourse is, if she doesn't feel the need to make things right. Doesn't mean she isn't in the wrong, just means without your dads okay, I'm not seeing your options.

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