Can my sister, as POA, forge my mother's signature and write checks to herself to cash? Is that legal in SC?

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BarryW Asked December 2021

Can my sister, as POA, forge my mother's signature and write checks to herself to cash? Is that legal in SC?

My sister has been POA for 2 years over both my parents. My father passed in Dec 2020 and my mother passed Sept 2021. Since then, we have seen checks when my sister has paid herself after the passing of my father - signed my mother's name and did not sign POA or her (my sister) name, now she says (my sister) that my mom told her she could get that money but she forged my mom's name since she didn't sign POA after the signature. Also my mother could still sign her name if needed at that time if this was all true.

Alzheimer's & Dementia Elder Abuse Power of Attorney (POA)

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score 0 · Answer 1

Barry, I am wondering, can you come back and answer a couple questions?

Did this sister take care of mom, like boots on the ground caregiving?

Did you help?

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score 0 · Answer 2

POA expires at the death of the grantor of the POA. So no checks could be signed after the death of your father/mother as POA. It does not exist anymore. Who is now the executor of their wills?

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score 1 · Answer 3

Your sister has a right to payment; that means she should have a contract drawn by an elder law attorney involving her fees. She needs to understand her duties as a legal financial fiduciary and how to sign checks correctly so that it doesn't look like gift giving. She needs to understand the importance of keeping meticulous records. If you suspect financial abuse you need to contact APS with your evidence of what your Sister is doing.
If she makes an appt at Elder Law Attorney this is also paid for by the person who assigned her POA. Do tell her that abuse of an elder can end someone in jail and whether something IS abuse or is NOT might depend on reliable records and making checks out correctly. Tell her it is crucial she understand her role as a LEGAL FIDUCIARY with strict rules under the law. Not "understanding" her duty will NOT be an excuse under the law.

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Can my sister, as POA, forge my mother's signature and write checks to herself to cash? Is that legal in SC?

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