Q: I have power of attorney over my father who has dementia. Can i sue his brother on his behalf even though he dosent know
My uncle basically stole from him 4 years ago and now i have debt collectors comimg after me as his POA. Can i file charges and sue his brother on his behalf even though my father is in a nursing home for denentia patients.
A: You could. Your biggest hurtle is going to be time, however. The statute of limitations has likely run on both a criminal charge and a civil suit. Unless you are able to demonstrate there is a good reason why you were unable to uncover the theft in a more timely fashion, you will have a problem. If it was well hidden, you stand a decent chance. The second issue, of course, is whether the person to be sued has any money to take.
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