Asked in Elder Law for California

Q: How do you revoke power of attorney from someone who has abused their power?

If you have an elderly family member who gave his child power of attorney to assist them with their financial affairs and you discover the person who has power of attorney has stolen the elderly family members money. The thief also drew up a will a few years prior. Now that its discovered the thief who is power of attorney has stolen thousands of dollars from the elderly family member what do we do? Can we draw up a durable power of attorney and get it notarized and give to the banks to start investigating? File a police report? Report elder abuse? What do we do?

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1 Lawyer Answer
Sally Bergman
Sally Bergman
  • Elder Law Lawyer
  • San Mateo, CA
  • Licensed in California

A: You should contact an elder law attorney to immediately prepare and serve a revocation of the power of attorney. That attorney will also explore a possible financial elder abuse claim. I would not suggest you try to do the new power of attorney yourself as it's not likely the financial institution will cooperate with you.

You should also call Adult Protective Services.

James Edward Berge agrees with this answer

1 user found this answer helpful

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