ATTORNEY NEWSLETTER
89-year-Old Victim
Man Used Forged Power Of Attorney To Sell Victim’s Home
Claimed To Be Victim’s Nephew
Powers of Attorney (POAs) are incredibly important – and powerful – legal instruments. Sometimes, they are essential when the principal needs their appointed agent to take care of a business matter or in fact take over the principal’s financial affairs when they are unable to manage them any longer. But sometimes Powers of Attorney are misused by the appointed agent and the results can be devastating. NEVER HAVE A CAREGIVER AS POWER OF ATTORNEY. Misuse of an otherwise valid Power of Attorney can be a form of elder financial abuse, but there can also be fraudulently obtained POAs as when a principal lacks competenece or outright forgeries of POAs, as a recent case discussed below illustrates.If an agent has misused a POA to your or an older loved one’s detriment herein Marin County or elsewhere in California call us today at (415)441-8669. Our toll-free number is 1-888-50EVANS (888-503-8267).
Sentence For Theft By Forged Power Of Attorney[1]
A man was recently sentenced to up to a decade behind bars for stealing the house of an 89-year-old woman after creating and using a forged power of attorney, local prosecutors recently announced. According to the announcement, the man was convicted of two counts of second-degree grand larceny, one count of second-degree criminal possession of a forged instrument, four counts of second-degree forgery, and one count of first-degree falsifying business records, following a jury trial. He was subsequently sentenced to an indeterminate term of five to 10 years in prison. According to prosecutors the man sold the home of the octogenarian after creating and using a forged power of attorney, claiming to be her nephew. The property was eventually sold to a real estate management company for $250,000. According to prosecutors, the victim was living with relatives elsewhere at the time. Subsequently, according to the district attorney’s office, the homeowner discovered the fraud because she was in contract to sell the home for $900,000. The fraud was discovered after the prospective purchaser did a title check and discovered the false deed on record. The homeowner immediately began civil litigation to undo the fraud. The criminal prosecution also followed, which led to the jury trial and conviction.
What To Do If A POA Is Misused
POA misuse is a prevalent form of financial elder abuse, but Evans Law Firm, Inc. can help injured seniors whenever a POA has been misused. We are familiar with California law protecting principals from abuse by their appointed agents. For example, California law prohibits an agent from designating beneficiaries or creating future (or survivorship) interests in the principal’s property unless specifically authorized to do so in a POA. Cal. Prob. Code § 4264. The agent is also strictly prohibited from making or revoking the principal’s Will. Cal. Prob. Code § 4265. We have experience with many cases involving the misuse of POAs and know how to investigate and prosecute civil cases against all persons responsible for the theft or financial abuse. Misuse of a POA to commit any such wrongful or unauthorized acts renders the transactions void and also makes the offending agent liable for attorneys’ fees when the principal sues for the abuse. Cal. Prob. Code § 4231.5(c).
Contact Us
Ingrid M. Evans can represent you if an agent has misused a Power of Attorney granted by you or an older loved one. If you need help, call us today at 415-441-8669 or or by email at <a href=”mailto:info@evanslaw.com”>info@evanslaw.com</a>. Our toll-free number is 1-888-50EVANS (888-503-8267). Ingrid will pursue all remedies available against the agent, including attorneys’ fees and expenses for the older person required to bring an action based on the agent’s wrongful conduct.
[1] Evans Law Firm, Inc. was not involved in the case in any way.
