If one of the elders had dimentia and their child had him sign a power of attorny and then witheld all retirement & social security from the other elder is this leagal?
Answer
Powers of Attorney authorize an agent to act in very specific instances (usually outlined in the POA itself) and at the direction and in the best interest of the principal (the elder in your case.)
If you believe that the child took advantage of the potential incapacity of the parent, or if you believe that the agent-child is not acting in the best interests of that parent, you should seriously consider contacting a probate or guardianship attorney in the area. Guardianship, also often called conservatorship, may be the best and only recourse to right this situation.
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