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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 11448
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Let's say my aunt is only saying that she has this power

Customer Question

Let's say my aunt is only saying that she has this power of attorney and doesn't. And that she makes decisions with out really having the power. What would the be the penalty for that, legally? I would like to ask her to fax me the copies of her power
of attorney. She may not want to do that.
Submitted: 1 year ago.
Category: Family Law
Expert:  Attorney2 replied 1 year ago.

Welcome and that you for your question. What type of power of attorney is your aunt alleging that she has? What kind of decisions are being made? Is the person that gave her power of attorney competent?

Customer: replied 1 year ago.
Her power of attorney covers the property, ( my Mom's house) my Mom's car, her possessions, ( which wasn't a lot. ) the House's value has been assessed at $188,000.00. The person who gave her the power of attorney is competent. there are two people currently living in the house.
Expert:  Attorney2 replied 1 year ago.

Sorry for any confusion I caused with my response. My question was whether your mom was competent and had the legal capacity to sign a power of attorney. If this person really does not have a power of attorney any entity acting at her direction could be liable for allowing decisions to be made on your mother's behalf without the proper legal document (a power of attorney) or the court appointing a guardian/conservator to act on behalf of your mom would be considered fraud. Is your mother suffering from a limited capacity to handle her Finacial affairs? Is this person mismanaging your mothers affairs?

Expert:  Attorney2 replied 1 year ago.

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Expert:  Attorney2 replied 1 year ago.

Please ignore the F the link did not post properly. It is posted below the F. Thank you.