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socrateaser, Lawyer
Category: Criminal Law
Satisfied Customers: 37808
Experience:  Retired (mostly)
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My father just passed away and he had power of attorney over

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My father just passed away and he had power of attorney over my grandmothers finances. When my father got sick my sister started taking care of my grandmother. She had no legal right but since she lived close she took it upon herself to help her. My sister started writing checks out of my grandmothers account to pay all of my grandmothers expenses. She never took a dime for herself. But, she signed a few checks that my grandmother forgot to sign or made a mistake on. I know that is considered fraud. Could she get in trouble for this since she didnt take any money and it was all in the best interest of my grandmother? These checks were just for paying bills like gas and electric and that sort. This is in Pennsylvania. Thank You

Signing the checks of another person is forgery and potentially fraud if the payee is injured. However, unless someone complains to the police/sheriff, nothing is likely to happen, and even if someone does complain, the district attorney isn't likely to be interested in the case, unless there is proof of embezzlement/theft.


The sister could get a power of attorney from the grandmother and thereby validate the prior transactions via the legal doctrine of ratification. That would be the easiest solution to the problem. However, if the grandmother is incapacitated and cannot grant a power of attorney, then it may be necessary to ask the court to appoint someone conservator for your grandmother.


The easiest way to do this is to contact county adult protective services and ask for an investigation. If they think that there is a problem, they will ask the court to appoint a conservator.


Hope this helps.


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