My parents live in Washington state. They signed over POA to their son who lives in Florida to act as administrator

Question

Their son took the accident settlement of 300,000.00 for himself and refuses to turn it over to our parents. 
We have already established that it isn't a crime in Washington and they are not covered by Washington's elder protection laws because, although they are both in their 80's, they are living independently. But he is in violation of the POA. He has an obligation to act on his parent’s behalf, and in their best interest, not his own. He was not supposed to just help himself to their settlement.  
We're told my parents must file civil suit. We are having difficulty finding a lawyer.  
What kind of specialty would this be, and which state do we file in, Washington or Florida?

Merry A Kogut · Answer

I agree with Mr. Arrasmith's answer, but I want to add that sometimes Adult Protective Services or a county criminal prosecutor will take on this type of matter, whether or not your parents are "independent."  This can be considered a type of embezzlement and/or elder abuse. 
 
Be sure to carefully vet any attorney that may end up helping your parents.  Some of the attorneys who sign up with referral services are "green" and not long out of school. 
 
Some Washington counties have or used to have guardianship monitoring programs through the courts, and there may be some attorneys who've worked with these programs who can recommend an attorney to help, even though this is a POA.  In the past, these counties included Clark, Pierce, King, Snohomish, and Spokane, but my work with these counties and the guardianship programs is over 25 years ago, so I'm quite out of touch.   
 
It's also possible that the son will return some or all of the money through negotiation and threat of a lawsuit, without a lawsuit ever having to go forward.   
 
It's important to move quickly on this - before all the money is spent. 
 
Good luck, 
Merry 
KeyPeninsulaLaw.com

James L. Arrasmith · Answer

You are dealing with a breach of fiduciary duty under the power of attorney (POA), which means your brother had a legal obligation to act in your parents’ best interest. Taking the settlement for himself is a clear violation of that duty, and your parents have the right to take legal action. Since this is a civil matter, the right type of attorney would be one with experience in elder law, probate litigation, or financial abuse cases.   
 
The lawsuit would typically be filed in the state where the POA was executed or where the wrongdoing occurred. If the settlement funds were received and misappropriated while your brother was in Florida, that could give Florida jurisdiction. However, because your parents live in Washington and the POA applies to them, Washington may also be a proper venue. An attorney can help determine the best jurisdiction based on the specific facts.   
 
Since you are having difficulty finding legal representation, try contacting the state bar associations in both Washington and Florida for referrals. Legal aid organizations, elder advocacy groups, or local law schools with pro bono programs may also be able to assist. Time may be a factor, so it’s important to act quickly to preserve your parents’ rights and potentially recover their settlement funds.

Q: My parents live in Washington state. They signed over POA to their son who lives in Florida to act as administrator