A Man is Sentenced to Twenty-Five Years in Prison for Abusing a Power of Attorney.

Written by Robert Ray

Robert Ray handles inheritance disputes of all kinds. He takes cases throughout Texas.

Jail time for abuse of power of attorneyThe Austin Court of Appeals upheld a sentence of 25 years given to a man who abused a power of attorney. The man was the former grandson-in-law of the elderly lady who gave him the power of attorney. Using the power, he transferred the title of her car to himself, cashed in a life insurance policy, deeded her house to himself and changed the locks. He left instructions with the nursing home where the elderly lady was staying not to let any of the other family members in.

The former grandson-in-law said that he wasn’t guilty because he had been advised by an attorney that he consulted on qualifying the lady for medicaid to “spend down” her assets to qualify her for medicaid. The attorney testified that he could basically spend the money, which would include some gifts and that those gifts would incur a penalty, making the lady eligible for Medicaid after the expiration of a penalty period. The court noted that the power of attorney did not give the former grandson-in-law the power to make gifts. The sentence was upheld.

The court relied on Texas authority relating to the powers conferred by a power of attorney (authority conferred by power of attorney will be strictly construed to exclude exercise of any power not warranted by document’s actual words or “as a necessary means of executing the authority with effect.”) Because the power of attorney did not authorize the former grandson-in-law to make gifts, especially to himself, he will spend the next 25 years in prison. 03-11-00498-CR.

You May Also Like…

The slayer rule doesn’t always apply

The slayer rule doesn’t always apply

The slayer rule means that a person who murders another person cannot inherit from that person. Texas doesn’t have the slayer rule but there are other methods of keeping the slayer from inheriting.
In a recent article in England, the courts let the wife inherit from her husband that she murdered because he had been so abusive toward her.

Robert Ray

Board Certified, Personal Injury Trial Law — Texas Board of Legal Specialization. We handle cases all across Texas. Our principal office is in Lantana, Texas (DFW area).

Robert Ray is a Texas attorney who handles inheritance disputes

Why Us?

Inheritance disputes involve someone who has taken advantage of the elderly. These cases are complicated and most often, but not always, involve outsiders. We represent you knowing that these inheritance disputes are private and painful family matters. We know this is a stressful time for you. We strive to obtain the quickest and best results possible so that you can get this troubling episode behind you.

Questions?

Get In Touch

Address

Lantana, Texas
In the DFW area

Phone

(214) 660-5700

Follow Us

Pin It on Pinterest

Share This