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CalAttorney2
CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10238
Experience:  Civil litigation attorney for individuals and businesses.
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My daughter got her attorney to draw up a power of attorney

Customer Question

My daughter got her attorney to draw up a power of attorney over me. I am capable of taking care of my own business. She has now stepped in and changed who I bank with and my pension goes into her bank into an account she set up and has control over and I can't get permission to check that account and see how the money is spent. She says she will pay my bills, but she is not paying all my bills just a few. She got the Government to deposit my Soc. Security check into her account in her bank and not allowed me access. The same applies to my pension check as she had my former employer to send it to an account that I don't know where it is. This matter is driving crazy. What is the best way to resolve this.
Submitted: 1 year ago.
Category: Legal
Expert:  CalAttorney2 replied 1 year ago.
You have a right to revoke a power of attorney.This means that you can "undo" all of the accounts that your daughter has set up (the deposit of your Social Security (this is a specific type of relationship called "representative payee" and you can cancel that with them directly, see: http://www.ssa.gov/payee/), with the pension companies - simply notify them in writing that you are revoking the power of attorney), as well as the banks.You have a right to an accounting from your daughter (she owes you a "fiduciary duty" under the power of attorney that she assumed - if she fails to provide you with an accounting, you can sue her for an accounting).Short of filing a lawsuit, you can try to mediate the dispute with them - contact your local bar association and request referrals to mediators, a third party neutral can often help you reach a mutually agreeable resolution. Use the bar association's referrals to contact a mediator or two, the mediator will then contact the other party to set up a mediation session, and you can go from there - hopefully resulting in a formal or written settlement agreement, and save yourself the time and expense of litigation.