ATTORNEY NEWSLETTER
What is a financial power of attorney?
Financial powers of attorney (POAs) grant full authority over a person’s financial affairs. The form for financial POA is found in California statutes. See Cal. Prob. Code §§ 4401 et seq. (statutory form for financial POA). A financial power of attorney is an important estate planning tool; it is helpful to have such an arrangement in place before the need arises and we are unable to execute the instruments. The person granting the authority is referred to as the “principal” and the persons to whom the powers are granted are referred to as “agent(s)” or “attorney(s)-in-fact.”
How can a POA be misused by the agent?
Misuse of financial POAs by appointed agents is a particularly recurrent form of financial elder abuse; we see cases everyday where an agent under a senior’s financial POA uses their power to steal, to create trusts, to transfer property, and open new accounts all with the intent of taking a senior’s property during their life or at death.
What recourse do I have if someone misuses a POA?
Any misuse of a senior’s POA to take their property constitutes a violation of the agent’s duty (Cal. Probate Code § 4231.5) and the crime of financial elder abuse (Penal Code § 368) and is grounds for civil liability (Cal. Welf. & Inst. Code § 15610.30) for extra damages and an award of attorneys’ fees and expenses for having to bring a case against a dishonest agent. Cal. Welf. & Inst. Code § 15657.5. If an agent has misused a POA to your or an older loved one’s detriment in Santa Clara County call us at (415)441-8669 or toll free at 1-888-50EVANS (888-503-8267).
How bad can the POA misuse get?
A recent case[1] demonstrates just how bad the misuse of a financial POA can be. In the reported case, a local police department says it arrested the caregiver of a 96-year-old woman with dementia for allegedly stealing tens of thousands of dollars and the victim’s home from the patient. Police say their investigation revealed that the caregiver had been acting as the victim’s caregiver and roommate since the middle of 2025. Police say she obtained a Durable Power of Attorney over the victim in September 2025. They also say the caregiver transferred the deed to the victim’s home into her own name via a quitclaim deed, claiming it as a “gift.”
Police allege bank records show the caregiver also gained control of the victim’s accounts, and approximately $78,000 was withdrawn or spent between September 2025 and March 2026. They say the transactions include more than $21,400 in cash withdrawals, tens of thousands of dollars in purchases on horse-related items, dining out, travel, entertainment, and transfers to out-of-state individuals. The victim reportedly told detectives she did not authorize large cash withdrawals or personal purchases.
Contact Us
Ingrid M. Evans and Evans Law Firm, Inc. represent seniors and their families in the San Francisco Bay Area in bringing lawsuits against any persons or businesses responsible for the abuse. Ingrid and our other elder abuse attorneys can be reached at (415) 441-8669, or by email at [email protected]. Our toll-free number is 1-888-50EVANS (888-503-8267).
[1] Evans Law Firm, Inc. was not involved in the case any way. The case was reported by a local TV station in the State of Washington.
