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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 116816
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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A person with durable POA wrote a check to herself signed

Customer Question

A person with durable POA wrote a check to herself signed the mentally incompetent person’s name and emptied his checking account of $13,000.00 with no justification for the expense. Can criminal charges be brought against her for embezzlement and forgery?
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

This is theft and it is also financial abuse of the disabled and it is indeed a criminal offense. You need to inform Adult Protection Services and also the police of what occurred. Adult Protection will come in and will terminate the PoA and place the person under temporary state guardianship until a new guardian can be appointed.