Power of Attorney Abuse - Page 3 of 9

Power of Attorney Abuse – How Does It Start?

Mark Mateya2017-01-17T22:18:36-05:00August 20th, 2014|Attorney in Fact, Power of Attorney Abuse|

When Aunt Gertrude appointed her niece Milly, she believed Milly would do the right thing and take care of her. She didn’t know the meaning of the word “fiduciary.” She simply needed Milly to help her as she was aging.

Milly never set out to steal from her Aunt Gertrude. She loves her Aunt. She remembers her from when they were both younger. Aunt Gertrude was her favorite.

So what happened?

Need and greed are the two most common elements. Aunt Gertrude trusted Milly with her check book or her bank card, and Milly bought the groceries and paid the bills for her […]

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Power of Attorney Abuse: Changes in the Law, not in Morality

Mark Mateya2014-07-21T10:57:32-04:00July 21st, 2014|Abuse|

The law has changed concerning the Power of Attorney document. There are many technical changes, some which deal with protecting the principal, that is, the person signing the document. There are some changes which protect the banks and others from reliance on a defective power of attorney document.

The thing that did not change, and likely cannot change, is that the person who is appointed as the agent, or attorney-in-fact, for the principal, still has a moral obligation to do the “right thing.” Many hours, and countless cups of coffee (or glasses of adult beverages) have been imbibed while […]

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Power of Attorney Abuse: How Do I Reign Her In?

Mark Mateya2014-04-29T15:18:17-04:00April 29th, 2014|Abuse|

Suppose Aunt Gertrude, who is up in years, has appointed her dear, sweet niece Milly to be her attorney in fact (commonly referred to as her “power of attorney”). What if Milly starts taking actions which take advantage of Aunt Gertrude? What should she do?

The short answer is to remove Milly. When? Now.

That, unfortunately, is sometimes easier said than done. Aunt Gertrude may be dependent upon Milly for daily chores, banking, and even simple things like grocery shopping. Aunt Gertrude may feel helpless. There are a few things that can be done.

First, Aunt Gertrude can phone […]

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Power of Attorney Abuse: When Am I Meddling and When Am I Helping?

Mark Mateya2014-03-03T13:08:38-05:00February 27th, 2014|Power of Attorney Abuse|

Aunt Gertrude needed help, due to her age and her failing health, so she appointed her niece, Milly, as her attorney in fact (often referred to as her “power of attorney”). Milly loves her Aunt Gertrude, and most of the friends and family are very happy for Gertrude. But not everyone is so happy. . .

It seems that one of the family members, Sidney, is suspicious of Milly – Sid thinks Milly has ulterior motives. So Sid Suspicious starts snooping. She finds out that Milly seems to have plenty of cash to ‘throw around.’ Sid sees Milly spending recklessly; at […]

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Power of Attorney — Tending to Bank Accounts

Mark Mateya2014-03-03T13:18:09-05:00January 13th, 2014|Abuse, Attorney in Fact, General|

Aunt Gertrude needs to open a new bank account and her niece, Milly, is going to help. Milly is Aunt Gertrude’s attorney in fact (often referred to as her “power of attorney”). Aunt Gertrude knows everyone at the bank, and she is happy to introduce Milly to her ‘banking family.’

The bank acknowledges Aunt Gertrude’s power of attorney document, but also has both her and Milly sign a bank document as well. After signing the document, Aunt Gertrude and Milly are on their way.

Fast forward two years –

Aunt Gertrude has been doing her own banking without Milly. […]

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Power of Attorney Abuse: Who Do I Tell?

Mark Mateya2014-03-03T13:20:07-05:00December 30th, 2013|General, Power of Attorney Abuse|

If you have read the blogs here, you know that Aunt Gertrude has been taken advantage of by her niece Milly in several different ways. So who should Aunt Gertrude tell about this? Where should she go?

She should tell those she trusts about the way someone is taking advantage of her. But what if the person who is taking advantage is the one who is supposed to be looking out for her? What then?

Here in Pennsylvania, we have an Elder Abuse Hotline, at 1-866-623-2137. “The Elder Abuse Unit was created to address financial exploitation, scams and fraud […]

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