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Recently with-in the last 2 weeks I was forced to take POA of my father, this came from Dr where he has been for the last 4 months. The POA was set up first in 1994 and reconfirmed in 2007. Our family is having a very long and drawn out fight. I am on the same side as my father. f course it all started over my dad's money, 3 years ago, when he was in good health. He is 90 now.
Once I took POA my neice was going to see my father, and asked if she could stay at his house. I agreed. I live in NYC, but have been spending about 3 to 4 days a week in Fl. with my Dad. The day after I had talked to my neice I went to see my father, not only did he already know that I took POA, but, needed to know how he could give out a check for $25,000 a somewhat standard size of gift from him ewhen given. I told him that he had that much in his checking account, and could just write a check, and added that it is now not allowed because you'll lose your medicaid. That size check would only go to 1 of 2 people myself, or my neice who was just given that amount a short while back.
and I know I was not getting it, to just say ty and throw it away. He refused to answer me as to who it was going.
I went to the bank that had our joint account and transferred out $32,000 leaving onl;y about $6,500 at his dispose. So any check foir $25,000 would bounce.
I returned to NY to conduct some of my own business, (I am a small business owner) and one day during that stay at home, I saw my father's name on my IM list, knowing he could nopt be on it. later I tried to get into his account to pay his bills and was denied access because of not having the correct password. It had been changed. To date I have contacted AOL services and the person told me I would recieve a new password XXXXX 72 hours, that was 5 days ago, and so that is not happening. or it went to the person who went into the account in the first place, my neice. I know this because she filed papers against me and part of the complaint was the taking of the $32,000. she would not have known this with-out her having access to his computer accounts. I felt this was illegal, and I would press charges if it is. I just do not know the proper people to go to, and to make my life a bit more of a living hell, I lost my voice to cancer about 6 years ago, so I can not make phone calls or go the normal routes I would have. where do I go or how do I proceed, and is this a crime?
I'm a criminal defense attorney, and former prosecutor, in Florida so I think I can help out.
As you may know, the progress of computers and the internet has caught law enforcement a bit flat footed. Slowly but surely, law enforcement is catching up with technology. At this time, I am aware of no Florida law that makes it a crime to hack into someone's email account, rather, the crime occurs with what happens next. For example, if you take passwords and utilize that to empty someone's bank account, a theft of those funds has occurred.
It sounds like your situation is similar. I doubt the authorities would prosecute your niece for having entered the AOL account. I say this for the reasons stated above and the fact that it is very difficult to prove, beyond a reasonable doubt, how committed the hacking. For instance, even though you may be able to trace it to a particular computer, you still can't prove WHO was sitting at that computer.
As to AOL, contact them and change whatever is necessary in your account to prevent any further access.
As to any monies, if I'm understanding you correctly, no funds have been removed as of yet. If I'm wrong and funds HAVE been removed, contact the local law enforcement agency in the jurisdiction in which the funds were removed. As I stated earlier, this is theft and SHOULD be prosecuted.
As to your niece's conduct towards your father, it may be considered criminal as Florida has laws on the books making it criminal to take advantage of the elderly. Again, if this has happened, contact local law enforcement.
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