You Can Be Sued for Fraud, Theft & Misuse of the POA Document

For terminology see: Power of Attorney Terms/ Definition

The attorney for property (“attorney”) is the person named in a Power of Attorney document (“POA”), to have decision-making authority over another person’s property. The attorney is not usually a lawyer – the term attorney just means the person with legal authority.

Unfortunately, attorneys for property sometimes transfer assets to themselves contrary the best interests of the person they are supposed to protect. Attorneys for property may show the POA document at the bank, investment companies, or at retailers, to gain access to the person’s assets for improper purposes.

Attorneys for Property Can Be Taken To Court to Repay What they Took

Both civil law and criminal law can apply in these situations.

Under civil law (non-criminal law), an attorney for property can be sued for fraud, theft (which in this context is called “conversion”), and breach of duty. If found liable, they can be ordered to pay damages (money) to compensate others for financial loss and pain and suffering. In rare cases, they can be ordered to pay punitive damages, meaning additional damages (money) above and beyond merely compensating others for direct losses; punitive damages are a way to punish people when the harm they have caused others is found to be offensive, high-handed, or morally culpable.

In a civil lawsuit, an attorney for property is not “guilty” or “innocent”, but rather, they are found “liable” or “not liable.” If found liable, the attorney for property could owe money to the incapable person, their estate, or their creditors, and could potentially lose their own assets if those are seized to satisfy any court judgment against them.

Power of Attorney Crime, Fine, Imprisonment

Under criminal law, an attorney for property can be charged and prosecuted for fraud, theft, and abuse using the Power of Attorney document (POA).

If the attorney for property is found guilty, they can be fined, imprisoned, ordered to pay restitution (repay the funds taken), and more. If found guilty, the attorney would have a criminal record.

Keywords: abuse of power of attorney, misusing poa