More details to this question:
If I gave a family member a cousin POA to disburse 3000.00 left by my mother, my children's grandmother...to my adult children as my mother wished, and that cousin filled out documentation, using her adult child's notary and had all the funds deposited in her husbands checking account vs disbursing to my children as their grandmother my mother wished. Is that illegal in the state of Texas?
1 ANSWER
Marion Cain
From your explanation of the facts, it is un-clear why you did not just take care of it yourself.
As to the POA, if it lists the specific duty you requested of the cousin, there is a breach of the fiduciary duty, and you may wish to retain an attorney.
A general POA is a different story. Once you give the power to another person - in this case the cousin- they have the right to act in your stead -- hopefully as you would wish them to -- but the POA has the control!
Contact an attorney if the POA was limited. Your only recourse if the POA was general is an attempt to negotiate with the POA
Answered on Apr 02nd, 2014 at 12:03 PM