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Abuses of the power of attorney can do great harm, as a person with this authority can take someone's entire life savings. Unfortunately, prosecuting this type of offense proves difficult, and nobody may even know the abuse is happening.
Identification
Power of attorney abuse means that people with probate responsibilities for those who need guardianship have taken advantage of this power to do such things as listing themselves as a beneficiary on a life insurance policy or joint bank account.
Considerations
Power of attorney financial abuse often coincides with other areas of abuse, such as neglect, reports attorney Clark Skatoff.
Misconceptions
Although power of attorney abuses are considered a nonviolent and "civil" crime, the courts tend to view them as a criminal matter, reports the American Bar Association.
Significance
Power of attorney abuses are not very prevalent, reports the Virginia Department of Social Services. In 1993, for example, only 11 percent of financial exploitations in Virginia were due to power of attorney abuse.
Tips
The American Bar Association reports that power of attorney abuses often go on for a while because it usually takes a third party to file a complaint. Some residential areas now have legal teams that can help if you suspect a power of attorney abuse.
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