Abuse of a Power of Attorney

It has become increasingly common for persons to give someone else the power to handle their financial affairs through the use of a document called a Power of Attorney. The person who gives this power is called the Principal and the person to whom the power is given is called an "Attorney in Fact."

The potential for abuse in a power of attorney relationship is real and occurs more frequently than one might imagine. Most often, the violation occurs in the form of elder financial abuse when a person holding power of attorney breaches his or her fiduciary duty by means of one of the following:

  • Financial fraud or exploitation
  • Self-dealing (personal use of funds)
  • Failure to perform duties in the principal's best interests
  • Undue influence

Power of attorney misconduct is a serious issue that often goes unnoticed until violations are egregious. At that point, a substantial amount of money and other assets could have been lost. If you suspect abuse of a power of attorney of someone in Minnesota, your first step should be consult with an experienced lawyer in Minnesota.

At Tarrant & Liska, P.L.L.C., we represent family members and other interested parties who are concerned over misuse of fiduciary power. Our St. Paul attorneys have decades of experience working with clients throughout the state and with out-of-state clients.

Aggressive Representation in Power of Attorney Litigation Cases

If your loved one has fallen victim to the abuse of a power of attorney, you need representation that can efficiently and effectively rectify the situation. Many of these situations involve close friends or family members, and we understand the sensitivity of these issues.

We can conduct a thorough examination of your case in a professional and discreet manner. Our work is focused on the needs and goals of our clients in line with the best interests of the principal who has been victimized by the abuse.

We may need to do the following to restore security and confidence:

  • File a petition with the court requesting an accounting for all transactions
  • Request removal of the attorney in fact if improper accounting, spending or investing is discovered
  • Request through the court to enforce repayment of assets taken by the attorney in fact
  • Obtain a new attorney in fact or a conservator for the future

Contact our St. Paul and Minneapolis Elder Financial Abuse Attorneys

Conveniently located on Grand Avenue and Snelling Avenue in St. Paul, we offer consultations to discuss the particulars of your case and the options you have in litigation. Call us at 651-315-8738 (toll free at 888-342-2493), or contact us by e-mail to schedule a meeting with one of our attorneys.

Payment plans can be arranged, and Visa and MasterCard are welcome.