In this article, you can discover…
- Warning signs of power of attorney scams to be aware of.
- How an attorney can guide you if you believe a loved one is being taken advantage of.
- How to revoke power of attorney if you suspect your loved one is being scammed.
What Are Some Common Power Of Attorney Scams In California?
Power of attorney scams in California tend to fall into three categories. The first type of scam involves someone you don’t know showing up and inventing a reason why you need to sign off on a document that gives them special power. They may even pose as a government official. The scammer earns your trust, gets the document signed, and then uses that authority to access everything they can before running.
The second type of scam involves someone you know who is in a position of power, usually a caregiver, who pressures you into giving them power of attorney. This could be a relative who’s taking care of you or a paid professional caregiver.
But there’s often the risk of being used or taken advantage of in these situations, especially if a non-relative caregiver begins to say things like, “I could just cash these checks for you if you’d give me power of attorney” or “Put me on your bank account, and I can do your grocery shopping for you”. This may sound helpful at first, but the situation can rapidly evolve, and soon, a trusted caregiver is stealing from you.
The third category of scam occurs when someone you have designated as your power of attorney refuses to follow your wishes. They’re not abusing their position in the sense of trying to obtain your assets for themselves, but they may claim they know better than you.
In these instances, instead of acting on your wishes, they act on their own. They may say things like, “I know you really want me to use that tax professional you’ve always gone to, but I know better, so I’m going to file your tax return for you.”
What Are The Warning Signs That A Power Of Attorney Scam Is Targeting My Loved One?
The first sign of a power of attorney scam is that the elderly person is being isolated, even if it’s by a family member. The person with power of attorney may give you excuses, such as, “Dad can’t talk to you on the phone anymore, it stresses him out,” or “Mom’s not doing well again this week, please don’t come over.” If you can’t reach, talk to, or visit your loved one readily, they are being isolated and possibly scammed.
Secondly, if you discover that someone who is not a close friend or family member has been granted power of attorney, you should begin to ask questions.
Ask your relative why they chose this person. Explanations such as, “Well, why wouldn’t my in-home nurse be a good person? They seem like a good person to me!” should cause concern. If your loved one cannot give you a good reason for handing over power of attorney to someone, you should begin to look into your loved one’s finances and accounts to determine if money is being stolen or misused.
Finally, a sudden change in your loved one’s finances can be a significant red flag. For example, your father worked hard and saved for retirement, your mother has passed on, and now your father has an in-home caregiver.
Suddenly, instead of having enough to live on, he’s pinching pennies and talking about how he can’t afford to do anything anymore. Where have your father’s retirement savings gone? Look into these things, as it’s possible your father is being scammed.
Attorney Rebecca Sommer is a skilled, respected estate planning attorney serving California. Since 2015, she’s helped clients just like you identify and prevent abuse, help a loved one involved in a power of attorney scam, and ensure their older family members are protected and well spoken for.
Have questions, or in need of legal guidance? Reach out to The Law Office of Rebecca Sommer for a free initial consultation today.
What Steps Should I Take If I Suspect A Loved One Is Being Exploited?
If you suspect your loved one is being exploited, report it so that the matter can be investigated. There are several different state and county organizations that take those reports. One place you can start with is the Attorney General’s Office’s Bureau of Medical Fraud and Elder Abuse.
Most counties have an Adult Protective Services hotline, which is a great resource you can use to describe your loved one’s situation and seek further guidance.
Next, you should document. Write down and note anything you’ve noticed that seems unusual or concerning. Note patterns of isolation. For example, if you’re never allowed to speak to your loved one, and the caregiver always has an excuse for why a conversation or visit would be stressful or inconvenient. Document these things, both for your records and for the use of an investigating agency.
Finally, consider consulting a lawyer. Many lawyers who work in elder care law can help you assess the situation and determine if there’s enough evidence of abuse to go to court and possibly have the abuser’s agency challenged. This can be especially important if your family member has diminished mental capacity. If this is the case, it would be best to move quickly to challenge the power of attorney document.
How Does Revoking A Power Of Attorney Work If I Suspect Abuse?
If your loved one is mentally competent and is aware of the fraud or abuse, they can revoke that person’s power of attorney themselves. They can do this in writing, but should make it very clear what power they’re revoking, date the document, and sign it. If the power of attorney was recorded, for example, in connection with a real estate transaction, it should also be recorded that the power of attorney has been revoked.
If your loved one is not mentally competent, you will typically need a court action to receive a legal determination that the person granted power of attorney is not acting properly as an agent. Once this is determined, their power can be legally revoked.
In either case, it is best to seek the help of a practiced, knowledgeable elder care attorney to help you and your loved one.
How Do You Intervene As An Attorney To Prevent Elderly Clients From Being Scammed?
Sometimes, elderly clients call me and let me know they’d like to make a change to a particular document. As their attorney, it’s my job to do due diligence and provide counseling on the situation. This is especially true if they’re giving someone power of attorney. If something seems off, such as a sudden change of agent from a loved one to a caregiver or if they seem unclear about what they are trying to accomplish, my role includes digging deeper to understand what is going on and what can be done to meet the client’s objective while helping them avoid a potentially risky situation.
After I speak with them, my client can begin to understand why making their visiting nurse their power of attorney is not a wise decision and that other, much safer legal options exist. In this way, I can prevent a troubling proposal from becoming an abusive situation.
More often, family members call me because they are concerned or an older relative has raised concerns over possibly being scammed. In these cases, I can provide concerned family members with advice, allowing them to visit their loved one and obtain the necessary documents to revoke the power of attorney. Their loved one will then choose a new power of attorney, someone who is more responsible and whom they can trust.
Still Have Questions? Ready To Get Started?
For more information on power of attorney fraud in California, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (657) 571-1241 today.
Attorney Rebecca Sommer is a skilled, respected estate planning attorney serving California. Since 2015, she’s helped clients just like you identify and prevent abuse, help a loved one involved in a power of attorney scam, and ensure their older family members are protected and well spoken for.
Have questions, or in need of legal guidance? Reach out to The Law Office of Rebecca Sommer for a free initial consultation today.
