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How do I get my sister (we both have POA on my dad's estate) to return money she's taken from the estate?

South Lake Tahoe, CA |

My sister has written herself checks without back up receipts. She's returned some of the money, but more has been revealed after our other sister began research for the 2012 tax organizer. This sister (other POA) lives in our father's house, but had him put in an assisted living home. We got her to sign an agreement to begin paying her own utilities (didn't ask for the past amounts to be returned). She has tried to say that checks written from both the savings and checking accounts have paid back the same money, which isn't possible. She's just sent an email that lists said checks as either paid back, or without receipts to back up for what or why she took the money. Can she just write herself checks from our father's estate without back up documentation?

Attorney Answers 2


If your sister took advantage of your father's age or medical condition to take money for her own use without his knowledge or consent, she may be civilly and criminally liable for elder financial abuse. California has laws that would permit your father to recover the missing funds from your sister. If your father is competent to revoke the POA, this should be done at once to prevent further pilfering by your sister. I highly recommend that you contact an elder law attorney for assistance. Good luck to you.

My answers to questions posted on Avvo are not intended to constitute legal advice or to create an attorney-client relationship.

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She cannot right herself checks without justifying for what use the money was used. If it wasn't used for your father's benefit than the act is criminal. You need to consult a lawyer to revoke her POA as soon as possible.

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