My Dad had dementia and gave my cousin POA. She took 57,000 from his account. Can she do this?

No. She cannot do that. Since Dad has passed call the District Attorney's office if you think this money was not used to provide care for your Dad or purchase things he needed.

If she had POA she could transfer monies but the accounts should have dad's name and her name as POA. She could use money and purchase things for the father's care only--not for herself or a friend of hers, or her husband or her children---only for Dad's needs. Challenge what she spent the money for. Make her produce evidence she acted only in your father's interest---like any crime---follow the money.

No one can have POA after the death. All POA's die with the person who issued it, since they can no longer direct their financial decisions because they are dead.

If Dad died without a will, then the state's rules on Probating such cases take over. If Dad had a will, the person he selected as his executor has to handle
the estate of Dad including paying all of his bills.

Sounds like the cousin saw the POA was her license to steal---truly shameful if that was her intent---but not uncommon. Too often the senior's funds become a grab bag for family members, who use the funds for them or think how nice it is to buy gifts for grandchildren etc. No it is the senior's life savings and they need to preserve it to help pay for the senior's needs while still on this earth.

Good Luck.

Yes. She can do this!

While Dad was alive, Dad gave coursin permission t remove $57,000 of that account and place it in an accont that only had her and Dad's name on it.

AFTER Dad dies, the sister is now poa (THE WAY DAD WANTED IT). The other account has BOTH names on it. when dad died, whatever is left in THAT account now belongs to the cousin. The 3 kids, can't touch it. In fact, if the cousin doesn't even want to share how much is left, she/he in under NO obligation to do so.

People People People.............I am begging everyone reading this....

Get A will written today! even on a bar napkin!!!

You are the most selfish person alive if you don't write a will.

The pain and suffering you "will" cause once you die is intolerable for those you leave behind.

Ever if you want to leave a "f*ck you" will and leave EVERYTHING to your ferret (Murray).....and don't forget about Riley.

Sincerely,

Kathy

Having dementia does not mean someone is incompetent. In the early stages people are still able to make many decisions. And it does not matter whether the decisions are considered reasonable to anybody else.

come on, cbg!!! we are all waiting patiently for more information so will can fill in the blanks and complete this puzzle!!

Don't leave us hangin"!

Maggie Marshall's comments were right on. Thanks I, do agree, the posting is confusing at best. You need legal help FAST. Please, please contact an attorney--a trusted estate attorney. Contact the legal services in your area if you do not know one. Also, remember--people will give you their opinion, but sometimes it is only in their best interest to do so. You need unbiased legal advise. People will destroy themselves for money---even for a few dollars so one must always be vigilant. I've known of a case where a dying man had $2.67 left in his checkbook. His granddaughter went to the hospital with checkbook in hand and had grandpa scribble his signature to the last check before he died so she could cash it. And, no, granddaughter did NOT have POA. Always, ALWAYS have a will. It cost very little to do so. Change the will whenever necessary. Consider it one of your most important documents because it is! Now---get on the phone and call an attorney!

The way I'm reading it is that she put it in an account of another person for whom she is also POA and that this third party knows about it. Definitely need a lawyer on this one.

I would consult a lawyer,this sounds "shady"..I know from professional and personal experience people can be something else when it comes to money and material possessions..can I tell you a actual event? I took care of this lady who was dying.The daughter honest to God came up to the doctor and asked when mom was going to die because she had vacation and did not want to waste it on mom's passing..the rest of the children cleaned out her accounts and sat in their mom's room ordering out for pizza,going to KFC, playing cards..just horrible lack of respect...well mom showed them,she lived another month and the money had to be put back and as for miss vacation, she went anyway and well mom passed while she was gone...I have witnessed some horrible behavior but this took the prize..as for her money, ha! it was used up for the lady's care..I believe there was $9.99 left...the lady had the last laugh..as that country song goes
"God is great,beer is good and people are crazy."But consult a lawyer..and please as stated above make a will and advance directives now ..I cannot stress it enough

Being a POA requires that person be honest and report to the Court where monies are spent. Get all documents to prove she took that money for herself, and sue her.

I would consult a lawyer. I have had to deal with a similar situation, but my parents have a trust. Does your dad have a trust, or a will?

First mom and dad can not give any person over $13,000.00 without consequences per IRS. IRS says for an individual to not be taxed a gift is no greater than $13,000 A YEAR to a single person as long as he signs a gift letter, a form especially for a gift.

So since Dad's name is still on the account the $57,000 is part of his estate. Without a will or trust, the family can go to court and sue the cousin.

I would definitely consult an attorneys advice.

Hope that helps, Debbie