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Elderly Abuse by a Power of Attorney

Typically, individuals who have been granted power of attorney (called the mandatary in Louisiana) have access to the principal’s bank accounts, investment accounts, and personal property. This often includes the authority to write checks to themselves or others, withdraw funds, and use credit or debit cards of the principal. If the mandatary has a general power of attorney, they can access, sell, withdraw, or transfer the principal’s funds and property without the principal’s consent or knowledge. Unfortunately, it is common for powers of attorney to overstep their authority or engage in self-dealing, which can constitute financial abuse against the elderly.

Aside from criminal charges that can be brought when appropriate, there are remedies in civil court for both stopping and reversing the abuse. Under La. R.S. 9:3851, any interested person (including the principal, a family member, a close friend, a healthcare provider, etc.), may bring a civil action against a mandatary to challenge their actions. Under the Act, the person bringing the action may seek an injunction to have the power of attorney itself nullified so that the individual may no longer act on behalf of the principal. The Act also allows the petitioner to seek a return of all money and/or property that has been misappropriated by the mandatary.

The action to review the acts of a mandatary is one tool to consider when faced with an elderly parent or friend that is being abused financially, or that you suspect is being taken advantage of. It allows a person without power of attorney to step in and protect a principal from a power of attorney that is not acting in the principal’s best interests. 

Elderly Abuse by a Power of Attorney

Typically, individuals who have been granted power of attorney (called the mandatary in Louisiana) have access to the principal’s bank accounts, investment accounts, and personal property. This often includes the authority to write checks to themselves or others, withdraw funds, and use credit or debit cards of the principal. If the mandatary has a general power of attorney, they can access, sell, withdraw, or transfer the principal’s funds and property without the principal’s consent or knowledge. Unfortunately, it is common for powers of attorney to overstep their authority or engage in self-dealing, which can constitute financial abuse against the elderly.

Aside from criminal charges that can be brought when appropriate, there are remedies in civil court for both stopping and reversing the abuse. Under La. R.S. 9:3851, any interested person (including the principal, a family member, a close friend, a healthcare provider, etc.), may bring a civil action against a mandatary to challenge their actions. Under the Act, the person bringing the action may seek an injunction to have the power of attorney itself nullified so that the individual may no longer act on behalf of the principal. The Act also allows the petitioner to seek a return of all money and/or property that has been misappropriated by the mandatary.

The action to review the acts of a mandatary is one tool to consider when faced with an elderly parent or friend that is being abused financially, or that you suspect is being taken advantage of. It allows a person without power of attorney to step in and protect a principal from a power of attorney that is not acting in the principal’s best interests. 

Elderly Abuse by a Power of Attorney

Typically, individuals who have been granted power of attorney (called the mandatary in Louisiana) have access to the principal’s bank accounts, investment accounts, and personal property. This often includes the authority to write checks to themselves or others, withdraw funds, and use credit or debit cards of the principal. If the mandatary has a general power of attorney, they can access, sell, withdraw, or transfer the principal’s funds and property without the principal’s consent or knowledge. Unfortunately, it is common for powers of attorney to overstep their authority or engage in self-dealing, which can constitute financial abuse against the elderly.

Aside from criminal charges that can be brought when appropriate, there are remedies in civil court for both stopping and reversing the abuse. Under La. R.S. 9:3851, any interested person (including the principal, a family member, a close friend, a healthcare provider, etc.), may bring a civil action against a mandatary to challenge their actions. Under the Act, the person bringing the action may seek an injunction to have the power of attorney itself nullified so that the individual may no longer act on behalf of the principal. The Act also allows the petitioner to seek a return of all money and/or property that has been misappropriated by the mandatary.

The action to review the acts of a mandatary is one tool to consider when faced with an elderly parent or friend that is being abused financially, or that you suspect is being taken advantage of. It allows a person without power of attorney to step in and protect a principal from a power of attorney that is not acting in the principal’s best interests. 

Elderly Abuse by a Power of Attorney

Typically, individuals who have been granted power of attorney (called the mandatary in Louisiana) have access to the principal’s bank accounts, investment accounts, and personal property. This often includes the authority to write checks to themselves or others, withdraw funds, and use credit or debit cards of the principal. If the mandatary has a general power of attorney, they can access, sell, withdraw, or transfer the principal’s funds and property without the principal’s consent or knowledge. Unfortunately, it is common for powers of attorney to overstep their authority or engage in self-dealing, which can constitute financial abuse against the elderly.

Aside from criminal charges that can be brought when appropriate, there are remedies in civil court for both stopping and reversing the abuse. Under La. R.S. 9:3851, any interested person (including the principal, a family member, a close friend, a healthcare provider, etc.), may bring a civil action against a mandatary to challenge their actions. Under the Act, the person bringing the action may seek an injunction to have the power of attorney itself nullified so that the individual may no longer act on behalf of the principal. The Act also allows the petitioner to seek a return of all money and/or property that has been misappropriated by the mandatary.

The action to review the acts of a mandatary is one tool to consider when faced with an elderly parent or friend that is being abused financially, or that you suspect is being taken advantage of. It allows a person without power of attorney to step in and protect a principal from a power of attorney that is not acting in the principal’s best interests. 

Elderly Abuse by a Power of Attorney

Typically, individuals who have been granted power of attorney (called the mandatary in Louisiana) have access to the principal’s bank accounts, investment accounts, and personal property. This often includes the authority to write checks to themselves or others, withdraw funds, and use credit or debit cards of the principal. If the mandatary has a general power of attorney, they can access, sell, withdraw, or transfer the principal’s funds and property without the principal’s consent or knowledge. Unfortunately, it is common for powers of attorney to overstep their authority or engage in self-dealing, which can constitute financial abuse against the elderly.

Aside from criminal charges that can be brought when appropriate, there are remedies in civil court for both stopping and reversing the abuse. Under La. R.S. 9:3851, any interested person (including the principal, a family member, a close friend, a healthcare provider, etc.), may bring a civil action against a mandatary to challenge their actions. Under the Act, the person bringing the action may seek an injunction to have the power of attorney itself nullified so that the individual may no longer act on behalf of the principal. The Act also allows the petitioner to seek a return of all money and/or property that has been misappropriated by the mandatary.

The action to review the acts of a mandatary is one tool to consider when faced with an elderly parent or friend that is being abused financially, or that you suspect is being taken advantage of. It allows a person without power of attorney to step in and protect a principal from a power of attorney that is not acting in the principal’s best interests. 

Elderly Abuse by a Power of Attorney

Typically, individuals who have been granted power of attorney (called the mandatary in Louisiana) have access to the principal’s bank accounts, investment accounts, and personal property. This often includes the authority to write checks to themselves or others, withdraw funds, and use credit or debit cards of the principal. If the mandatary has a general power of attorney, they can access, sell, withdraw, or transfer the principal’s funds and property without the principal’s consent or knowledge. Unfortunately, it is common for powers of attorney to overstep their authority or engage in self-dealing, which can constitute financial abuse against the elderly.

Aside from criminal charges that can be brought when appropriate, there are remedies in civil court for both stopping and reversing the abuse. Under La. R.S. 9:3851, any interested person (including the principal, a family member, a close friend, a healthcare provider, etc.), may bring a civil action against a mandatary to challenge their actions. Under the Act, the person bringing the action may seek an injunction to have the power of attorney itself nullified so that the individual may no longer act on behalf of the principal. The Act also allows the petitioner to seek a return of all money and/or property that has been misappropriated by the mandatary.

The action to review the acts of a mandatary is one tool to consider when faced with an elderly parent or friend that is being abused financially, or that you suspect is being taken advantage of. It allows a person without power of attorney to step in and protect a principal from a power of attorney that is not acting in the principal’s best interests.