My Great Aunt went behind my Great grandmothers back while she was in the nursing home making her power of attorney and just starting selling her house, vehicle's etc. 9 months before she passed she revoked her right as power of attorney, so she swindled us in order to get all she could get, those were minor details but just want to know what exactly is going on ?
Need to contact the executor (if Will) or trustee (if Trust) and get a status update. A POA would not usually entitle the person nominated (Attorney-in-Fact) to transfer property to themselves. The AIF has a fiduciary duty to preserve and protect the assets for future use by the principal. Selling items and obtaining cash is normally fine especially if the money is needed to pay for the principal's care. Once a POA takes over a person's accounts we recommend producing an annual accounting to show the use and flow of the assets.
If you are a beneficiary of a trust you will usually be entitled to request an update and/or a copy of the accounting - even if the assets are to be distributed to you in the future. Contact the trustee and see what they tell you.
If you have evidence that funds were misused by the AIF then you should report those concerns to the appropriate state or county office for investigation and/or the attorney you hire.
Mr. Stanfield is a military trial lawyer that represents Servicemembers around the world. All responses provided are for informational purposes only and are not personal legal advice and do not create an attorney-client relationship. Additional information is available on his website at https://rklawoffice.com/
You really need to contact an attorney directly who can review all of the facts and/or documents to see what can be done. Trust/wrongfull use of/obtaining POA cases are extremely fact specific and complicated and general online inquiries like on here just won't be enough to tell you what you can do about such a complex situation.
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