Sibling Abusing POA… What To Do

Tips for Stopping POA Abuse

Power of attorney documentation can help elderly adults give the power to care for their medical and financial needs to another trusted individual. Should their health decline to the point that they cannot make those decisions for themselves, the agent named in a power of attorney will step in and handle those needs. Often, a power of attorney is an adult child who lives near the individual and can handle these affairs, but sometimes, this can create tension between the adult siblings.

If you feel that a sibling is abusing power of attorney, you do have options. Here is a closer look at what you can do if this occurs.

Facts About Power of Attorney

If a parent names one child as power of attorney and not the others, you may have distrust and frustration. You need to understand the legal implications of this setup.

First, your parents have the right to name whomever they wish and do not have to tell you whom they choose. Second, the agent is not legally obligated to provide you with information about the parent. Thus, withholding information does not abuse this power, even if it creates frustration.

That said, the agent serving as a financial power of attorney does not have the right to prevent you from seeing your parent. In the case of medical power of attorney, the agent can prevent access but only to protect the parent’s health.

Outside of those rules, the agent has to work in the parent’s best interests, and if they are not, it may be considered abusive behavior. This is when you need to pursue additional options.

What Can a Power of Attorney Do?

A power of attorney document gives the agent the right to legally sign documents, make healthcare decisions, and take care of financial transactions on behalf of your parent. Under the law, they are required to act in their parent’s best interests. They are not allowed to do specific things, including:

• Make changes to a will
• Use the power of attorney document after the parent’s death
• Act in any way that is not in your parent’s best interests
• Transfer the power of attorney to someone else

The most common causes of abuse with power of attorney involve finances. Since the agent has the right to sign checks and pay bills, unscrupulous individuals sometimes take money for themselves. If you suspect this is happening, you may consider going to court to override the power of attorney and protect your parent.

Who Can Override a Power of Attorney?

As long as your parent can make decisions for themselves, they can revoke or change the power of attorney. However, once they become incapacitated, they no longer have that right. At that point, only the courts can require a change.

Before going to court, start by talking to your parent. They can revoke the power of attorney if they are still well enough to make decisions. If that does not work, consider enlisting the help of an attorney and having your attorney approach your sibling, asking them to step down as an agent. If that happens, the power of attorney document will have an alternate agent that will step in.

If you suspect the agent is taking advantage of your parent and these steps do not work, you must challenge the power of attorney in court. First, you will need evidence that the agent is negligent or abusive. Your lawyer will help you provide this evidence, and the judge will decide if it is sufficient to ask for the agent’s removal.

In addition, you can file a complaint against your sibling with the state’s Department of Adult Protected Services. This action can help get protection to stop the abuse and protect your parent.

What Problems Happen if a Power of Attorney Is Abused?

If the judge finds that your sibling has been abusing your parent as a power of attorney, you can prosecute that sibling for fraud, embezzlement, exploitation, and theft. These are serious crimes that can lead to imprisonment and steep fines. State laws will dictate how much those fines will be, but these serious consequences have a far-reaching impact.

Because of these severe consequences, the courts do not take these accusations lightly. You will need ample evidence of fraud or abuse to start this case. Always work with a legal team well-versed in elder law and elder abuse scenarios. This will ensure you can build a solid case to protect your parent against these serious crimes.

If you need professional legal assistance in dealing with POA abuse, contact our law firm for a consultation.