QUESTION
My mother forges My signature on a durable POA form and my cousin used it to do numerous bank transactions and transfer property. Can I sue them?
Asked on Jun 26th, 2017 on Personal Injury - New Jersey
2 ANSWERS
Anthony Van Zwaren
Depending upon when this occurred you would definitely have a case for a suit. As Ms. Anderson mentions, it is also a criminal matter and possible bank fraud, so you should notify the police and the bank as well. If you go to court and win, you would likely be entitled to damages in the amount of money you lost, plus attorney fees and court costs. Depending upon the facts, the bank may also be a target for the law suit if they had an obligation to confirm that the POA was legitimate.
Answered on Jul 05th, 2017 at 3:07 PM
2 Awards
First, you should put in writing that the signature is a forgery, and that they must stop using the document. It might sound silly, but you have to provide written notice. You should also contact the police and file a report. You should go to each bank where the forged document was used and tell them that it was a forgery and not to accept the document. You should also put that in writing and have each bank acknowledge that they received it. You can file an action in Superior Court seeking to get back any funds they took.
Answered on Jun 27th, 2017 at 5:30 AM
Diana L. Anderson, Certified Elder Law Attorney This response is not legal advice and does not establish any form of attorney/client relationship