Walnut Ridge, AR asked in Criminal Law, Elder Law, Estate Planning and Probate for Tennessee

Q: Mother and father passed in November, 2017. They resided in Tennessee.This question covers multiple topics.

My mother passed on November 7th. My dad passed on November 30th. Their bank account was accessed by a family member who fraudentely obtained POA for my father without my consent or knowledge. The account has a negative balance. I would like to have the family member prosecuted for withdrawing funds from a bank account of a deceased person. Will the banking institution press the charges or will social security go after the person that took the funds? If not, do I have the right to prosecute?

My other question is what can I do if anything about a the durable POA she obtained for my father who suffered from dementia? Can the notary be held accountable as well? I was never allowed to see the POA. I did not ask in front of my dad due to not wanting to upset him further. I understand the POA is no longer viable after my father passed. All of my parents income was used to pay the other adults bills as well. She did not act responsible in handing my parents affairs. Is this punishable in TN?

1 Lawyer Answer
Anthony M. Avery
Anthony M. Avery
  • Criminal Law Lawyer
  • Knoxville, TN
  • Licensed in Tennessee

A: It is doubtful that law enforcement will prosecute the theft.

The Next-Of-Kin can file a lawsuit against the Attorney-In-Fact who took the money for his/her own benefit. It is for Breach of Fiduciary Duty and any monies/property that he transferred to himself is presumed to be fraudulent against his Principal who is now dead. There is a three year Statute of Limitations. Alot of the monies spent on them will be deemed gifts.

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