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Asked in CA May 18, 2022 ,  0 answers
My mother is the surviving spose with a trust setup, my brother, who is a sociopath, went behind my back and got a POA outside of the trust, which has a durable POA clause. He has put his name on my mothers account and is spending her money like there is no tomorrow. Last month I saw a bank statement which showed over $2,000.00 in misc. items he bought, downloads, music, gas for his car and truck. He is 55 years old and has never worked in his life, he did methamphetamine for over 30 years. I thought if you had a POA it could not be used for you benefit, is that true? Also a caretaker who was taking care of my mother said my mom told her my son is ripping me off. We called APS, they are investigating. But I know my mom won't press charges against my brother for fear of him relapsing.
Tag: 
Elder law
Data From  LAWGURU_Question
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2 Answers

Anonymous
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Posted on / Jan. 10, 2016 17:26:00

You are absolutely correct that it is illegal to use a POA for personal gain. The trustee of the trust should prosecute both civil and criminal cases against him.

Anonymous
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Posted on / Jan. 10, 2016 17:26:00

You are absolutely correct that it is illegal to use a POA for personal gain. The trustee of the trust should prosecute both civil and criminal cases against him.

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