QUESTION
Family member removed property without permission
Asked on Jul 04th, 2020 on Elder Law - Iowa
More details to this question:
My mom passed away and my brother stayed with my dad in the house. Now I found out that he removed several handguns without permission & a very valuable rifle is missing as well. My dad is 89 & my other brother has POA and is executor. Can I file charges for theft or at least have the sheriff go to his house and ask for the guns and search for the missing rifle or does my father have to? Since my dad has turned things over to my other brother can't I take matters into my hands and call the sheriff?
1 ANSWER
2 Awards
First determine whether your father gave your brother, agent under his Durable [Financial] Power of Attorney authority to take the guns. If not, report this to Adult Protective Services and ask a local probate attorney whether Iowa allows someone mentioned in the Will (presuming that you are) to bring a court action against a DPOA agent who violates his duty or whether your father, who named his agent, must do so. The sheriff has no authority to act without a court order.
Answered on Jul 05th, 2020 at 5:18 AM
This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.