QUESTION

Financial fraud against elderly

Asked on Oct 03rd, 2014 on Elder Law - New Jersey
More details to this question:
elder person is out over 20k in less than yr banks knew person was of harm banks still withdrew money responsibility of bank? some lawyer gave person full poa lawyer did not know elder person legal without a compency test?
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1 ANSWER

Elder Law Attorney serving Toms River, NJ
Partner at Diana L. Anderson
2 Awards
An attorney shold determine if the person is competent before drafting a power of attorney for the person.  However, a lawyer is not a doctor, and only a doctor can truly determine if the person is not competent.  Tha bank can rely on the POA because it can be used after the person looses competency.  Many banks do raise suspicions and stop the withdrawal of the money.  If you know the person that took the money, report it to the county prosecutor, or local police department.  It could still be a crime against an elderly person if the elderly person is found to be a vulnerable adult. 
Answered on Oct 13th, 2014 at 1:28 PM

Diana L. Anderson, Certified Elder Law Attorney This response is not legal advice and does not establish any form of attorney/client relationship

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