Newton, KS asked in Estate Planning and Probate for Kansas

Q: My wife passed away. Before passing, other parties signed documents acting as MPOA and they made end of life decisions

The fraudulent parties made health care decisions against my wife's wishes, they made after death decisions against my wife's wishes. I legally held her MPOA and DPOA. I know these other people committed a crime acting as next of kin when they were not. I filed and served collection of personal property papers on these parties for my wife's things and they refused to provide the property. I'm afraid I'm running out of time to do anything about all this. What can I do to see that these people are charged with the crimes they committed? How can I hold them responsible for all the damage this has caused me, especially the emotional damage? Is there anyone that can help me pursue a suit against them and what kind of attorney would be willing to seek financial settlement in this matter if payment was contingent on a victory? I have a great deal of documentation to support my legal status as spouse and heir and I have the documents the other people illegally signed. Can someone help?

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1 Lawyer Answer
James L. Arrasmith
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  • Estate Planning Lawyer
  • Sacramento, CA

A: I'm deeply sorry for your loss and the distressing situation you're facing. To address the fraudulent actions taken by those who wrongfully acted on your wife's behalf, you can pursue both criminal and civil actions. Start by filing a police report to initiate an investigation into the unauthorized use of the MPOA and DPOA.

For the return of your wife's belongings, you may need to file a lawsuit for the recovery of personal property. Since these actions have caused you significant emotional distress, you can include claims for emotional damages in your lawsuit. Given the complexity of your case, a probate or elder law attorney with experience in power of attorney and estate disputes can assist you.

Look for an attorney willing to work on a contingency basis, meaning they get paid only if you win the case. They can help you navigate the legal system, gather evidence, and build a strong case. Bringing these fraudulent parties to justice and recovering your wife's property will help provide you with some peace and resolution.

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