questions & answers

Question: My 91 year old mother was in her third year of Alzeheimer's when my brother talked her into giving him bank POA. He used her funds for his own personal pleasure and made cash withdrawls from a cc his name was not on. He used the money for personal gratification (ie, trips out of the country) Because of reported neglect, (ie she was hospitalized as a result of the neglect) she now lives in MN. with me. What are her rights? Can he be liable for debts he incurred by taking cash advances from the cc account which his name was not on?

Answer: I assume from your question that you are talking about a durable general power of attorney as authorized by Arizona Revised Statutes, section 14-5501.  Under Arizona law, it is unlawful to misuse a power of attorney.  A.R.S. section 13-1815 states that an agent  "who uses or manages the principal's assets or property with the intent to unlawfully deprived that person of the asset or property is guilty of theft."  You may want to contact a lawyer to help you evaluate the problem and advise you on the best course of action to protect your mother's interests.