A power of attorney (POA) gives one the capacity and legal authority to act on someone else’s behalf. This written authorization is usually granted for the management of financial affairs and is a common part of estate planning. In many situations, a power of attorney is necessary when a senior with declining mental capacity places someone else in charge of their property and wealth.
While many POA arrangements work smoothly, complications can arise. Sometimes, the person granted power of attorney may mismanage funds—intentionally or accidentally. In other cases, family members may wrongly accuse someone of wrongdoing, despite lawful use of the POA. Regardless, allegations of power of attorney abuse can lead to serious civil lawsuits and even criminal theft charges in Pennsylvania.
Accusations relating to stealing from a trust or someone’s estate are serious and need to be treated as such. In Philadelphia, Delaware, Montgomery, or Bucks County, Fienman Defense can help. Call us today at (215) 839-9529 for a free and confidential consultation.
Can You Go to Jail for Abusing a Power of Attorney?
Yes. Abuse of power of attorney can lead to criminal charges, especially if there’s evidence of theft, fraud, or forgery. These cases are often preceded by civil litigation, meaning the accused may be fighting on two legal fronts. If a civil court orders repayment, a criminal prosecution may follow, carrying the threat of prison time and steep fines.
Here are common charges that may stem from POA abuse:
Theft
Theft is the most frequent criminal charge in power of attorney abuse cases. If you used your authority to take money or property that wasn’t rightfully yours, prosecutors could pursue felony charges.
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$2,000–$100,000: Third-degree felony
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Penalty: 3.5–7 years in prison, up to $15,000 in fines
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$100,000–$500,000: Second-degree felony
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Penalty: 5–10 years in prison, up to $25,000 in fines
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Fraud
When you lie, and you benefit from someone relying on your deception, you have committed fraud. Securing executed documents by deception is a type of fraud that frequently arises in power of attorney cases creating a power of attorney and transferring property involve the signing of documents. If you lie to get those documents signed, you could be charged with fraud.
Forgery
In some cases, a person obtains a power of attorney or exercises those powers by forging documents. In Pennsylvania, forgery can occur even if you slightly alter a document without the proper authority. When the forgery involves a will, deed, or contract, the offense is a third-degree felony involving fines of up to $15,000 and three and a half to seven years in prison.
How a Criminal Defense Lawyer Can Protect You
Being accused of misusing a power of attorney is stressful, especially when family conflict is involved. But a criminal charge does not automatically mean you’re guilty.
To convict you, the prosecution must prove you acted with criminal intent beyond a reasonable doubt. Your attorney can argue that:
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You made a good-faith mistake
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Your actions were legally justified
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The accusations stem from a misunderstanding or family dispute
In estate matters, financial and legal complexities often lead to confusion—and honest errors can appear suspicious. With a skilled lawyer, you can present evidence of your intentions and avoid a conviction.
Don’t Face POA Allegations Alone – Contact Fienman Defense Right Away
If you have been charged with theft or fraud because you allegedly abused a power of attorney, you need to act fast to give your case the best chances of a positive resolution. You may want to try to explain yourself to your family or whoever is making accusations, but you should avoid the temptation.
The more you say, the more evidence you may be giving the prosecution. Instead, exercise your right to remain silent, and retain a lawyer who will fight on your behalf.
Call Fienman Defense at (215) 839-9529 for a free consultation about defending yourself, your reputation and record against theft charges.
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