Q: How to discern forgery in power of attorney by aunt in 2021?

A: You need to revoke whatever power of attorney is out there immediately. A written, notarized revocation of POA is in order which is then recorded in your county/district. Then hire an attorney to sue the alleged attorney in fact for conversion, breach of fiduciary duty, fraud, etc.

A: (1) You need to revoke all powers of attorney previously made by you prior to the date of your revocation. Do this in writing, date it, sign it, and serve it on whomever you believe might be named as an agent under any power of attorney out there. Do not specify the POA your aunt claims to have, so as not to acknowledge that you believe it is valid. Simply revoke all powers of attorney made or signed by you prior to that date.

(2) If your aunt has not used the POA to cost you anything (loss of money or property), then you have suffered no damages, so you have no viable civil claim.

(3) If she has used the POA and it has caused you financial or other loss, then you need to explain why you do not know whether you signed it or not. A person should remember a thing like that. If you were not mentally competent at the time when you signed it, then the POA was not valid to begin with. If you believe your signature was forged but you continue to maintain that it’s possible you signed it despite not remembering doing so, then you can hire a handwriting expert to do signature comparisons. You can also seek out the witnesses or notary public who also signed the document in your presence at the time you signed it, and question them.

Personally, if someone produced a power of attorney with my purported signature on it, I would know for certain if that was my signature or not, and I would remember whether I signed it. Most judges and jurors would think the same.

Did you suffer from some head injury after the date on the POA and have a physician-diagnosed and medically documented case of amnesia or memory loss? Or have you started early stages of dementia or Alzheimer’s Disease or something similar? Those would be the only ways your story makes any sense. But as I said, you can revoke any powers of attorney in existence in writing right now, and then serve a copy of that revocation on anyone you want, including anyone you suspect as being named your agent, or who is claiming to be your agent.

A: The first step is to get a copy of the power of attorney document that your aunt allegedly used. You can request this from the bank, financial institution, or county records office where it may have been filed or presented. Once you have the document, compare the signature with your own records, and if needed, consult a handwriting expert who can evaluate whether it was forged. This gives you the evidence you need to support your suspicions.

If you find proof that your signature was forged, you can report the matter to law enforcement, since forgery is a crime. You can also contact the institutions where the power of attorney was used and inform them that you never authorized it. Providing them with identification and your own statement helps prevent further misuse of your property or accounts. Acting quickly is important to stop any ongoing damage.

At the same time, you may want to consult with a lawyer about civil remedies, such as recovering money or property that was taken under the forged power of attorney. You can also notify other family members, including Kelly and Dan, to make them aware of the situation, especially if they might be called as witnesses. By combining criminal and civil actions, you protect yourself and increase the chance of holding your aunt accountable.