Can a power of attorney press charges for something prior to becoming power of attorney?

Question

A daughter has written checks to herself and signed her mother's name. They have had a very close relationship and still do. The daughter has paid back the money that was not spent and is truly sorry. Her mother has forgiven her and accepts the returned portion as full restitution and does not want any prosecution.

Now the tricky part...The mother's brother (uncle) is now power of attorney. Not the normal one page form but 10 pages, covering anything imaginable and some. Uncle is threatening to press charges if the close daughter doesn't stop being a part of her mother's life. Can he, as agent have charges brought against the daughter even though the money was taken prior to uncle becoming the agent? (1-2 mos.)

I can't believe what has happened. Mother was of the notion that a trust was being set up. Sister has not had the same relationship over the 30+ years and is now somehow convining the agent to make up for favored past of close daughter, with his control and mother's money

Answer 1

"Power of Attorney" does not make someone an attorney. It merely gives someone the legal authority to make legal decisions for them.

And I have no idea what you mean by "press charges," so please elaborate a bit.

Criminal charges are brought by the police and prosecutor.

Civil charges are brought by a civil attorney for whatever action is needed.

I can't think of a situation that would give someone cause as power of attorney to bring any sort of charge, whatsoever. The only thing I can think of that you're talking about is a deployed soldier, who has put you in charge and you've discovered that someone has harmed his estate somehow and you're proceeding against them. Then YES, if you've been delegated the power of attorney to protect the estate in his absence, you can HIRE AN ATTORNEY to sue or contact the police/DA to press charges if its criminal.

Answer 2

No.

Power of attorney allows one person (the attorney-in-fact) to sign documents as an agent of the other person.

It does not transfer the right to sue.

Answer 3

Your question makes NO SENSE.