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I'm one of 4 durable POA. Two people have all her money will not add all four. I have found out they have just taken over $40,000.00 to pay off their own bills. As a Durable POA what can I do here. All 4 of us are family. I'm so upset! They think because they had them get a money order for over $40 grand made out to themselves then signed over cant be traced!

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Report the crime to adult protective services and to the police.
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We are all equals. My aunt has no children. So, my dad her brother my brother and myself were listed because we are blood relatives. My mom her sister in law took and had her to add her which I explained to my aunt would be a bad decision. But my aunt doesn't understand the total picture. Unfortunately I knew my mothers intentions. Originally, I took her to deposit this money in an account. When my parents were added the bank called all of us in to explain that this money could only be used on my aunt. So, my parents threw a fit at the bank and blamed me that I had told the bank the most ridiculous lies. So, my father took her had her to withdraw the money and they took it to another bank where of course they are on only. Now, after a few short months they have struck her account twice. Once a small amount now over $40 grand in a lump sum. I manage a checking acct that SSA goes into. I pay her meds and bills. And I follow the law that the money can be used on my aunt. Now, She had a large sum of money my parents has their names only on that account. The account is hers. She told me all about it she bought her freedom and paid their bills off and they are now debt free. This bank should still follow the same law. The check was made out to my Aunt. My parents have friends at this bank and my parents have done to me what they accused me of when I didnt. They think nothing will be tracked or turned in or cause red flags. I don't know whether to go to this bank to explain the situation and find out the elderly abuse laws of POAs. It can not be used for personal gain. This is criminal. They won't allow my aunt to be around me alone for fear she will tell but she already did. They wanted her to get the money all in cash... $40 grand! She got it n a cashiers check then signed that over to them. She can drive there only them. This is criminal!
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I"m not clear about this either. Are all four of you equal POAs or is someone primary with the others ones listed as backups? If all four are the POA of equal standing this I think that it would take all 4 to agree on something being done?

I assume you have a copy of the POA document. How does it list you all? Equal together or with one being primary?

This does sound like it needs to be looked into.
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I'm not sure if I understand. The person you are taking care of named 4 people as POA's? For both health and financial? Is there a Trust involved and how oversees that? There should be a statement in the Trust if you have one which stipulate a salary or not. Does it? Our POA makes no mention of a salary or fee. A salary could be as much as 2% of the estate's value annually. But if that were the case, I am sure you know about it. The other thing to remember is the fiduciary duty of the Trustee to give financial accounts on how they are best using the money to take of their charge. It might not mean each and every receipt, but at least every year, the big picture. I am the sole POA for my mother and trustee, and i do not get a salary. The specific line in my mother's Trust states that for my services as a trustee, the individual trustee shall receive no compensation, but shall be entitled to reimbursement for reasonable expenses. That is a tough one for me, because while I handle a huge some of money and make sure it works to my mother's benefit, the POA may incur many more expenses. It is a bit broad of an interpretation, but I have definitely used my mom's money to make the move to the east coast to take care of her and I have paid some bills as well due to not having a job anymore and taking care of her full time. But to make a money order out to yourself for $40,000 is not making the best use of your charge's money for their care. You have reason to challenge them in court if you so choose. And they will have to provide all documentation as to how your parent's money was used and why. If they can't or are to be found as negligent and misusing the money, someone else will be assigned as the POA.. And everything can be traced unless the person they took money from has it all in cash and no one is keeping any records. But that is also cause for misuse. Even the preponderance of doubt may lead a court to hire a forensic accountant. Hope that helps.
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