Family conflict can hit hard, especially when you suspect a brother or sister is mishandling a parent’s money. Worry, anger, and guilt can keep you up at night.
At Jordan & White, LLC, we step in to protect families across the Commonwealth, drawing on more than a decade of estate and probate work.
This article breaks down the signs of power of attorney abuse, the steps you can take, and the legal tools available in Massachusetts. While the following sections offer practical guidance, they are for learning purposes only. For advice on your circumstances, speak with a qualified attorney.
Recognizing Power of Attorney Abuse by a Sibling
A power of attorney (POA) lets the “agent” manage the “principal’s” money, property, or health choices. The agent must act with absolute loyalty to the principal, yet abuse happens when that duty is ignored.
Common Signs of Abuse
Spotting red flags early can prevent lasting damage. Keep an eye out for the following:
- Unexplained drops in the principal’s account balances or missing statements.
- Large transfers or cash withdrawals are sent to the agent’s personal account.
- The agent discouraged other relatives from visiting or phoning the principal.
- Neglected medical appointments, unpaid household bills, or poor living conditions.
- The agent enjoys sudden lifestyle upgrades, such as pricey vacations or new cars, without a clear source of income.
These indicators do not prove wrongdoing alone but suggest a deeper problem.
Examples of Power of Attorney Misuse
Looking at real-world conduct can help you decide whether the situation calls for action:
- Using the principal’s debit card to pay personal credit card balances.
- Drafting a new will or trust that favors the agent without the principal’s knowledge.
- Ignoring doctor recommendations to buy needed medicine or medical equipment.
- Transferring the principal’s home title into the agent’s or relative’s name for “safekeeping.”
Each example may involve civil liability, criminal exposure, or both under Massachusetts law.
Steps to Take If You Suspect Abuse
Once you see a pattern, acting quickly can limit the damage. Even a short delay can allow funds to disappear.
Gather Information and Documentation
Create a secure folder, digital or hard copy, and collect:
- Bank and investment statements, including canceled checks.
- Medical records, pharmacy receipts, and insurance explanations of benefits.
- A brief log noting dates, times, and what you saw or heard.
Detailed notes carry weight in court and during any state investigation.
Consult with an Attorney
A Massachusetts attorney who works regularly with probate or elder matters can review the evidence and outline your options. Legal counsel may recommend a private demand letter, mediation, or an immediate filing in Probate and Family Court.
Consider Protective Measures
If the principal remains mentally sound, the simplest fix may be revoking the POA in writing, signed by the principal. This revocation should be formally delivered to all relevant banks or institutions and, in some cases, recorded to ensure third parties are legally notified. When capacity is lost, family members often petition the Probate and Family Court for guardianship (medical decisions) or conservatorship (financial control). Once appointed, a guardian or conservator replaces the agent and must give yearly accountings to the court.
Report Abuse to the Authorities
Massachusetts takes elder exploitation seriously:
- Call the 24-hour hotline of the Executive Office of Elder Affairs (1-800-922-2275) if the principal is 60 or older.
- File a theft report with local police or refer financial cases to the Attorney General’s Elder Justice Unit.
Law enforcement involvement can freeze accounts and trigger subpoenas that a private citizen cannot obtain alone.
Legal Options for Addressing Power of Attorney Abuse in Massachusetts
If informal talks fail, formal relief through the courts may be required. The table below compares several approaches.
| Action | Where Filed | Main Goal | Typical Outcome |
| Petition for Accounting | Probate & Family Court | Compel a full record of every transaction completed by the agent. | The court orders an itemized report, plus repayment if funds are missing. |
| Request for Injunction | Superior Court or Probate & Family Court | Stop the agent from accessing or moving assets while the case is heard. | Freeze on bank or real estate dealings, sometimes within 24 hours. |
| Civil Lawsuit | Superior Court | Recover money or property taken and pursue double or treble damages under c. 93A (consumer protection) if applicable. | Money judgment, lien on real estate, or wage garnishment. |
| Criminal Complaint | District Court via police or the Commonwealth | Seek fines, restitution, and possible jail time for larceny or fraud. | Restitution order, probation, or incarceration. |
Choosing the right path depends on the size of the loss, the immediacy of danger, and family dynamics.
Filing a Petition in Probate Court
Massachusetts G. L. c.190B, §5-421 lets any “interested person” ask the court to order an accounting. If the agent refuses, the judge can remove that agent and appoint a conservator in the same hearing.
Seeking Injunctive Relief
When money is moving fast, your attorney may request an injunction. Judges often grant these within hours if sworn statements show imminent harm.
Filing a Lawsuit
If stolen funds went into a sibling’s beach condo or investment account, a civil suit can claw those assets back. Courts may award double damages plus attorney fees when the conduct was unfair or deceptive.
Criminal Charges
Larceny over $1,200 is a felony in Massachusetts. Police reports, bank affidavits, and elder protective service findings help prosecutors file charges.
Safeguarding Against Future Abuse
Prevention is simpler than clean-up. Here are a few planning tips the Jordan & White team shares with clients.
Choosing the Right Agent
Pick an organized, honest person who can say “no” to pressure. Ask yourself:
- Does this person manage their own bills responsibly?
- Will they keep siblings informed rather than secretive?
- Are they comfortable asking professionals for help?
A candid family meeting can reveal whether a cousin or professional fiduciary might be a better fit than any single sibling.
Regular Review and Communication
Update POA documents every three to five years or after major life events. Periodic reviews reduce the odds of stale wording that grants broad, unchecked power.
Implementing Safeguards
You can build guardrails right into the POA document:
- Require two agents to sign checks above a set dollar amount.
- State that monthly statements must be shared with a named relative or accountant.
- Add a standing authorization for the bank to flag withdrawals over a preset limit and call another family member.
Simple clauses like these add transparency and discourage misconduct.
Need Help with a Power of Attorney Concern? Contact Jordan & White, LLC
Protecting your family’s future is at the heart of our practice. If you suspect a sibling is mishandling a power of attorney or needs help setting up clear safeguards, contact Jordan & White, LLC for a confidential consultation. Call 978-744-2811 or visit our Contact Us page to schedule an appointment. Practical guidance and steady advocacy are only a phone call away.