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An elderly woman asked me to be the agent of her POA, limited, to care for real estate transactions.

Brooklyn, NY |

After I agreed she executed the document and gave it to me. All who know her said she is of sound mind. I soon found out that she has a penchant for fraudulently falsifying documents. She has become angry with me, and I told her to legally revoke the document. She refuses to do so, demanding the original back claiming it is hers. I am very afraid to return it fearing she will check more boxes and make me liable for the multitudinous legal messes she is involved in. I insist she only needs to revoke it. Now she is trying to have me arrested for making out checks based on her POA, (I have not written any) when the POA does not even grant me these powers. Must I return the POA she gave me or can I retain it in order to prove, if necessary, that this POA did not grant powers she claims I have?

Attorney Answers 3

Posted

Take your copy of the POA and bring it to the District Attorneys Office and let them know she is using you to commit fraud.

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Posted

First of all, you would not need the power of attorney to show you do not have the power to sign checks. You would need to show that you in fact did not sign any checks so the power is useless in that regard. As my colleague stated you could keep a copy of the power of attorney and contact the district attorney. You could also resign as agent and/or simply refuse to act on her behalf.

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Posted

I agree with my colleagues. I would also add that you do not have ANY liability with regard to a POA that you have not acted under. Your friend is apparently no longer of sound mind. I would make a copy of the form and return the original to her, along with a signed and dated letter indicating that you have never acted under the form and that you refuse to do so, in the future. You will want to keep a copy of that letter, as well.

James Frederick

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1 comment

Kelly Scott Davis

Kelly Scott Davis

Posted

This is one of the problems when people use "check the box" power of attorney forms.

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