A power of attorney (POA) is meant to be a powerful tool for protection, allowing a trusted individual to handle someone’s financial, medical, or legal affairs when they can no longer do so themselves. Unfortunately, this legal authority can be misused, leading to devastating financial and emotional consequences for vulnerable individuals and their families. Power of attorney abuse is a growing concern across Ohio, particularly among the elderly and disabled populations. Knowing the warning signs can help you act quickly to protect your loved one before the damage becomes irreversible.

At the Law Offices of Daniel McGowan in Cleveland, we specialize in representing families who have experienced financial exploitation, fiduciary abuse, and power of attorney fraud. Our goal is to help victims and their families seek justice and restore what has been lost.

Understanding Power of Attorney Abuse

In Ohio, a power of attorney grants another person, known as an agent or attorney-in-fact, the legal right to make decisions on behalf of the person granting authority (the principal). This power may cover managing bank accounts, selling property, handling medical decisions, or overseeing investments. When used properly, a POA can provide peace of mind and protection. However, when the person given power misuses that authority for personal gain, it becomes abuse.

Power of attorney abuse can take many forms, including:

• Transferring money or property to themselves without consent
• Making unauthorized withdrawals from bank accounts
• Selling or gifting the principal’s assets
• Refusing to provide account records or financial transparency
• Changing beneficiaries or estate plans for personal benefit
• Isolating the principal from family or caregivers

Because the agent is often a close family member, friend, or caregiver, this type of abuse can be difficult to detect and even harder to confront. However, recognizing the early warning signs is the first step toward preventing further harm.

Common Warning Signs of Power of Attorney Abuse

Financial exploitation often occurs gradually. Family members may not realize that something is wrong until significant assets have been depleted. Some of the most common red flags include:

• Unexplained Financial Changes: Sudden withdrawals, missing funds, or changes in spending habits that the principal cannot explain.
• Property Transfers: Real estate or personal property being sold, transferred, or gifted to the agent without valid reason or documentation.
• Isolation: The agent restricts family or friends from contacting the principal, claiming it’s for their “protection.”
• Unpaid Bills: Essential bills going unpaid, even though the principal’s accounts have sufficient funds.
• Unusual Banking Activity: Frequent ATM withdrawals, new credit accounts, or changes to account access.
• Changes in Legal Documents: Sudden alterations to wills, trusts, or beneficiary designations that favor the agent.
• Emotional Changes in the Principal: The elderly person seems anxious, fearful, or confused when discussing money or their agent.

If any of these warning signs sound familiar, it’s important to act quickly. Power of attorney abuse can escalate quickly, and the longer it continues, the harder it becomes to recover lost assets.

Steps to Take If You Suspect Power of Attorney Abuse

If you suspect that someone is abusing their power of attorney in Cleveland or anywhere in Ohio, taking prompt action can make all the difference. You do not need absolute proof to raise your concerns, a qualified estate litigation attorney can help investigate and determine whether wrongdoing has occurred.

Here’s what you should do right away:

• Document Your Concerns: Keep records of suspicious transactions, missing funds, or statements from the principal that suggest financial exploitation.
• Request an Accounting: Under Ohio law, agents with power of attorney must provide a detailed account of how they’ve managed the principal’s assets if requested by the court or an interested party.
• Contact an Attorney: A lawyer experienced in abuse of power of attorney cases can help you file legal actions, such as revoking the POA or petitioning for guardianship.
• Report the Abuse: If you believe your loved one is being financially exploited, you can also contact Adult Protective Services or local law enforcement.

Legal action may involve seeking to revoke the POA, freezing bank accounts, or filing a civil lawsuit to recover stolen assets. In serious cases, the abuser may face criminal charges for theft or fraud.

How a Cleveland Power of Attorney Abuse Attorney Can Help

Investigating and proving power of attorney abuse requires experience with both probate and financial law. At the Law Offices of Daniel McGowan, we take a comprehensive approach to each case, carefully examining financial records, interviewing witnesses, and pursuing all available legal remedies. Our firm regularly represents families in cases involving fiduciary misconduct, estate theft, and probate disputes across the Cleveland area and throughout Ohio.

We can help you by:

• Reviewing financial records to uncover misuse of funds
• Filing petitions to remove or replace an abusive agent
• Pursuing recovery of stolen assets through civil litigation
• Coordinating with law enforcement and financial institutions to stop further losses
• Protecting vulnerable individuals through guardianship or conservatorship proceedings

Our goal is not just to hold wrongdoers accountable, but to restore peace of mind for families who have been affected by abuse of power of attorney. We understand how deeply these cases can impact trust and family relationships, and we approach every case with both compassion and determination.

Protecting Loved Ones from Power of Attorney Abuse in Cleveland

If you suspect power of attorney abuse, time is critical. The sooner you act, the better your chances of stopping the exploitation and recovering assets. Working with an experienced attorney ensures your loved one’s rights and financial interests are protected under Ohio law.

At the Law Offices of Daniel McGowan, we provide skilled representation for families confronting abuse of power of attorney, fiduciary misconduct, and other forms of estate fraud. We serve clients throughout Cleveland and across Ohio who need experienced guidance in complex estate litigation matters. If you believe your loved one may be the victim of power of attorney abuse, contact us today to schedule a confidential consultation and take the first step toward justice.