Boston, MA asked in Elder Law for District of Columbia

Q: I like to know if there is an attorney in Washington, DC that handles abuse of power of attorney type cases

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1 Lawyer Answer
Mark Oakley
Mark Oakley
  • Estate Planning Lawyer
  • Rockville, MD
  • Licensed in District of Columbia

A: Any estates and trust lawyer, many family law attorneys, guardianship lawyers, and civil litigators, can handle such matters, depending on the nature of the abuse of the POA. Essentially, it is a breach of fiduciary duty to use a POA for purposes other than the best interests of the principal, and for the personal gain or benefit of the agent. If the agent used the POA to enrich themselves at the expense of the principal, then they can be sued and removed from acting as POA as well as to return property and assets wrongfully taken, and ordered to provide an accounting of all actions taken. If the principal for whom the POA was created requires a guardian, then you will want to petition to appoint a guardian of the person and property of the principal and terminate the POA--so you will want a lawyer who handles guardianship matters. There may also be a basis to present the facts of the matter to a local police or prosecutor's office for investigation of criminal wrongdoing, such as theft and financial elder abuse.

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