My sister is my mother’s power of attorney and she has used my mother’s bank account to gift herself and her children large sums of money. How can I stop her from doing this?
An agent or attorney-in-fact cannot make gifts of any of the principal’s assets unless specifically provided for in the power of attorney or by judicial order. In other words, if the power of attorney does not allow for gifting, your sister cannot make any gifts unless the gifts are approved by the probate court. In addition, an agent who benefits individually or benefits another on their behalf from assets of the principal while that person is the agent may be subject to a presumption of undue influence.