Power of attorney, can the agent press charges if the wrong was committed prior to the execution of the power?

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

Strictly speaking, it depends. My advise is to have the mother issue a notarized statement that she is aware of the prior theft and has excepted restitution as FULL settlement. If the brother does file a lawsuit, that should be enough to have the suit dismissed. The mother would also be able to withdraw any lawsuit filed in her name unless she is judged incompetent.

Edit: After reading your question more closely, it appears the mother does not wish the uncle to retain power of attorney. She has the right to REVOKE the power of attorney. She may even have a case to sue him for fraud if she can show she was mislead into granting it in the first place.

Answer 2

your statement is kind of messed up, I don't know for sure what you are asking , but, if you are having problems with your agent that you gave a power of Attorney to it is simple to send a registered letter or even better a telegram will act instantly and inform him your power of Attorney is revoked, also any agent who bears a P,O,A, can only do what ever the giver dictates no matter what is in the P.O.A.also no agent or receiver of a P.O.A. can do any thing that is not in the best interest of the giver of said P.O.A. ,

Answer 3

No, he can't do that. You might also want to get a lawyer, because this uncle is obviously not acting in the best interest of his sister or according to her wishes.