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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 100053
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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How can i sue my daughters poa since she was handling almost

Customer Question

How can i sue my daughters poa since she was handling almost 2million dollars n now she says that she doesn't have any money
Submitted: 1 year ago.
Category: Legal
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note:This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. If someone in your situation feels that the agent (that is, the holder of the POA) stole or embezzled or otherwise took care of the money improperly, they can take either criminal or civil action.

CRIMINAL

If you are a senior, she may be liable under the state's financial exploitation law. One can file a criminal complaint. If so, the authorities will get involved and may even charge her. In addition, she may also be liable for embezzlement if she stole the money or used it for her own purposes.

CIVIL

To sue in a state court, one needs to have a "cause of action." There are numerous causes of action, such as "breach of contract," "negligence," "fraud," "unjust enrichment," etc., as well as causes of action rooted in statutory law. Every state has their own although they are very similar to each other in every state because they all stem from the same common law. A pleading in Court needs at least one cause of action, although it is not unusual to have more than one.

Here, someone in her situation may be liable for breach of fiduciary duty, negligence, negligence per se, and a host of related actions.

It is not easy to SUE someone because this is a very complicated matter. An attorney is recommended. See HERE for pro bono attorneys if you need one, and many organizations focus on helping seniors.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Expert:  Ely replied 1 year ago.

Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question. I am simply touching base. Let me know. Thanks!

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