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.
Clarity:
“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.
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
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
