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Irwin Law
Irwin Law, Attorney
Category: Estate Law
Satisfied Customers: 7406
Experience:  30+ yrs. handling probate estate, wills, trust, inheritance & real estate related matters
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My cousin is being sued for misappropriation of funds. She

Customer Question

My cousin is being sued for misappropriation of funds. She was the power of attorney for her mother's estate. Most of the 300,000 in the estate has disappeared and the nursing home that her mother is staying in, is owed 100,000. What can happen to my cousin for allowing this to happen?
Submitted: 1 year ago.
Category: Estate Law
Expert:  Irwin Law replied 1 year ago.

I take it that mother is still living in the nursing home that is owed the money.Virginia has adopted the uniform power of attorney accounting act. Your cousin can be held liable both civilly and criminally depending on the circumstances. Here is an excerpt from the statute itself.

§ 26-71.17. (UPOAA § 117). Agent’s Liability. a. If an agent violates the UPOAA, he is liable to the principal for the restoration value of the principal’s property and for reimbursement to the principal or the principal’s successors in interest for attorneys’ fees and costs paid from the principal’s property on the agent’s behalf. b. An agent who violates the UPOAA will be subject to liability as provided in the Act but may also be subject to civil or criminal liability under separate state statutes dealing with financial abuse. Here is the text of the entire Uniform Act:

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Expert:  Irwin Law replied 1 year ago.

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