When an aging parent can no longer manage their own finances, a family member often steps in under a power of attorney. In Westminster, where many families live across generations under one roof and share household expenses, the line between helping a parent and misusing their money is not always clear. When siblings disagree about how that money was spent, the dispute can quickly turn into an elder financial abuse investigation and even criminal charges.
What Duties Does an Agent Under a Power of Attorney Have?
A power of attorney gives the agent legal authority to handle the principal's financial matters, but that authority comes with strict obligations under the California Probate Code. An agent must:
- Act in the principal's best interest, not their own
- Avoid conflicts of interest and self-dealing
- Keep the principal's money separate from their own
- Keep accurate records of transactions
- Follow the specific limits written into the document
Many agents are family members with no financial or legal training. Mixing a parent's money with household funds or failing to keep receipts can look suspicious even when nothing improper occurred.
When Does a Power of Attorney Dispute Become Elder Abuse?
Penal Code 368 makes it a crime to commit theft, embezzlement, fraud, forgery, or identity theft against a person who is 65 or older or a dependent adult, when the person knows or should know the victim's age or status. Prosecutors may consider charges when they believe an agent:
- Transferred money or property to themselves without authorization
- Made large "gifts" the document did not allow
- Changed deeds, beneficiaries, or accounts for personal benefit
- Used the parent's funds for personal expenses unrelated to the parent's care
- Took advantage of a parent who lacked the mental capacity to consent
How Do These Cases Usually Start?
Elder financial abuse investigations in Westminster often begin with:
- A sibling or relative filing a complaint
- A bank reporting unusual withdrawals, as financial institutions are required to do in some cases
- An Adult Protective Services investigation
- A civil lawsuit or probate petition that uncovers questionable transactions
Investigators will typically review bank statements, property records, the power of attorney document, and the parent's medical history.
What Are the Penalties for Elder Financial Abuse?
The penalties depend on the amount involved. When the value is $950 or less, the charge is usually a misdemeanor with up to one year in county jail. When the value exceeds $950, it can be charged as a felony with up to four years in custody. A conviction can also bring restitution orders and lasting reputational harm. Separately, family members may file civil claims seeking double damages and attorney fees.
What Defenses Are Available?
Every family situation is different, but common defenses include:
- Authorized transactions: The power of attorney allowed the spending or gifts
- Parent's wishes: The parent knowingly approved the transaction while competent
- Reimbursement for care: Money covered legitimate caregiving costs or household expenses
- Lack of intent: Recordkeeping mistakes are not the same as theft
- Family motives: The accusation is driven by inheritance disputes or sibling conflict
Get Help From a Westminster Elder Abuse Defense Attorney
Being accused of financially exploiting a parent you were trying to help can be devastating. Attorney Michael L. Fell understands all forms of elder abuse law and will review the financial records closely to tell your side of the story. Learn more about our elder abuse defense and fraud defense services, or see our case results. Call Law Office of Michael L. Fell at (949) 585-9055 today for a free consultation.