Roseville, CA asked in Civil Litigation, Consumer Law, Contracts and Education Law for California

Q: Did the recipient of student loans acquired through fraudulent use of my POA break the law?

Quite recently I became aware of my estranged husband using my POA without my knowledge. He opened CC accounts and got my daughter 30K+ in student loans. I have no proof she was aware of its origins, but I believe she knew something because she halted all communication with me at the same time this fraudulent use of my POA began about 3 years ago. I want to know if she broke the law - I have no intention of enabling crimes against me, rather I want to prepare myself emotionally if she is going to get in trouble.


“Estranged”. I used this term because he left our home and family 6 years ago. No divorce.

“Fraudulent” based on zero communication when I have been easy to locate and clearly hiding all POA usage from me demonstrated by creation and usage of mailing addresses not associated with me. He used a version of my name that I have never used and therefore fiduciary fraud(?) I am new to this topic/clearly biased.

The POA was full and forever. Revoked.

1 Lawyer Answer
Jonathon Maddox
Jonathon Maddox
  • Redding, CA
  • Licensed in California

A: You don't provide complete details on the POA, and whether it was limited, durable, etc. But assuming the POA was still valid, and that it included the power to open accounts on your behalf, then him being estranged doesn't all of a sudden remove the POA.

He would continue to have the same power from that POA as he had when you guys were living together. Part of divorce proceedings should include removing each other off all accounts, and removing all authority from each other, including POA's. So you may need to look at your divorce paperwork, if you have filed by now. (You use the word "estranged", instead of "ex", so I'm not sure where you are in the process.).

I would recommend contacting a family law attorney in your area, and see what options are still available to you.

1 user found this answer helpful

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