Power of Attorney, is this illegal? Fraud?

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Ca7siblings Asked April 2023

Power of Attorney, is this illegal? Fraud?

My brother is power of attorney for my mother. My sister was named as alternate (only in effect if my brother resigned/failed to act, etc). He hasn’t.

resigned & he’s been doing a great job managing my moms affairs for over 20 years. She has dementia.

We have just learned that my sister submitted documents claiming she was financial POA for our mother to California State in order to get $5k in unclaimed property/funds from our deceased grandmother (mothers mother), The claim our sister submitted stated that she was financial POA.

We only learned about this because the claim she submitted was denied due to missing info.

Is her act of submitting the claim illegal? Fraud?

we are now wondering what else she’s been up to

Elder Law Frauds & Scams Power of Attorney (POA) Siblings

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score 1 · Answer 1

So, did she turn over those funds to your Mom? If she didn't, then that's theft. If she did, then *maybe* she's trying to be "helpful"... but why didn't she ask your brother to do it? Maybe she doesn't understand the role or boundaries of FPoA and should first be educated. After her current role is clarified to her, then if there's any future misrepresentation on her part she should get a letter from an attorney — and she should be warned that this will be a consequence.

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score 0 · Answer 2

a bit more to add here.
my sister wants my brother to resign so she can take over. She uses every opportunity to criticize any/every move he makes… Obviously, there is no positive relationship between my brother (the POA) & sister.

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Thanks so much for the extra information. It helps so much. Do know that your brother has NO obligation to share things with Sister. And her criticism should be made through an attorney if she questions his doing his duties being done well.
What is concerning me is that this is criminal activity on the face of it from your description. Why is brother uncertain how to proceed? He is OBLIGATED, and has a fiduciary duty to follow up on this. And if there is fraud, Sister WILL BE removed as a second, as she should be.
What will happen if this competent brother gets in an accident, heaven-forbid dies? Are the parents sitting ducks to a daughter capable of fraud. Brother should see an attorney early this week. I sure wish you well and I hope you will update us.

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score 1 · Answer 3

sounds like an attempt at fraud to me as well.
I would schedule a meeting with the attorney ASAP.
Make sure that the 5K is claimed in your mom's name properly.

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score 1 · Answer 4

It certainly on the face of what you tell us "sounds like" fraud. I would suggest that your brother, who is the POA, attend a meeting ASAP with an attorney; the mother's assets pay for expertise. I sure hope you will update us what he is advised.

Good luck.

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One more thought: This is a brother acting as POA. Should he need to resign, illness or other, he will be turning over his records to his alternate, the Sister. I would think they would have a relationship at this point? And that he could/should/would ASK Sister what's up. I think he should tell her that he will have to go to an attorney to investigate this, and that a breach in fiduciary duty is held to a high standard, so is there "something" she wants to tell him. Forged documents? She could be going to jail.

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Power of Attorney, is this illegal? Fraud?

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