Your situation
You see withdrawals, transfers, gifts, property changes, missing records, or behavior that may be inconsistent with the parent’s interests.
What to check first
Separate poor recordkeeping, family conflict, unauthorized action, and intentional exploitation.
Preserve statements, transaction records, messages, deeds, and the POA itself.
Identify whether immediate money or property is at risk.
Common rule
An agent under a POA generally owes duties to the principal and must stay within the authority granted. Civil, protective, and sometimes criminal remedies for misuse vary by jurisdiction.
What not to assume
Do not accuse publicly before preserving evidence.
Do not destroy or alter records.
Do not personally move money unless you have lawful authority to do so.
What you can do now
Preserve evidence.
Verify the transactions and scope of authority.
Protect accounts through lawful channels if immediate loss is possible.
Contact the appropriate adult-protection authority, law enforcement, or counsel when the facts support escalation.
When professional help becomes important
Urgent legal action may be appropriate for active theft, forged documents, unauthorized transfers, self-dealing, or imminent loss of assets.
Jurisdiction matters
Au Québec, un mandat de protection mal exécuté peut faire l’objet d’une demande au tribunal; le Curateur public peut aussi intervenir et enquêter lorsqu’un abus financier ou un préjudice potentiel est signalé.
Alaska fiduciary and recordkeeping duties under AS 13.26.610 provide a concrete baseline for reviewing suspected misuse.
Alabama fiduciary and recordkeeping duties under § 26-1A-114 provide a concrete baseline for reviewing suspected misuse; suspected abuse still requires evidence and fact-specific escalation.
Arkansas fiduciary duties and protective refusal rules provide a baseline for suspected misuse review.
Arizona specifically penalizes intimidation or deception used to procure POA authority, adding a concrete abuse signal beyond ordinary poor recordkeeping.
California recordkeeping duties make missing or incomplete transaction records a concrete review signal, but missing records alone do not prove theft or abuse.
Colorado fiduciary and recordkeeping duties provide a concrete baseline for reviewing suspected misuse.
Connecticut fiduciary and recordkeeping duties provide the baseline for reviewing suspected misuse.
Delaware fiduciary and recordkeeping duties provide a concrete baseline for reviewing suspected misuse.
Possible misuse in Florida should be compared against the fiduciary duties in § 709.2114 and the exact authority granted by the POA.
Georgia fiduciary duties provide the baseline for distinguishing poor administration from unauthorized or self-interested conduct.
Hawaii fiduciary and recordkeeping duties provide a concrete baseline for reviewing suspected misuse.
Iowa fiduciary and recordkeeping duties provide a concrete baseline for reviewing suspected misuse.
Idaho fiduciary duties and protective refusal provisions provide the baseline for reviewing suspected misuse.
Illinois agent duties and recordkeeping obligations provide the baseline for reviewing suspected misuse; a refusal concern may also be tied to an adult-protective-services report.
Kansas anti-self-dealing, conflict, separation-of-assets and recordkeeping duties provide a concrete baseline for reviewing suspected misuse.
Kentucky fiduciary and recordkeeping duties provide a concrete baseline for reviewing suspected misuse.
Louisiana mandate duties and accounting rules provide the baseline for reviewing suspected misuse. R.S. 9:3854 also allows protective court relief including accounting, injunction and investigation when a mandatary violates duties.
Maryland fiduciary and recordkeeping duties provide the baseline for reviewing suspected misuse.
Maine fiduciary and recordkeeping duties provide a concrete baseline for reviewing suspected misuse.
Michigan fiduciary duties and recordkeeping requirements provide the baseline for distinguishing poor administration from unauthorized or self-interested conduct.
Minnesota recordkeeping, accounting and good-faith duties provide the baseline for reviewing suspected misuse.
Missouri duties and liability rules provide the baseline for reviewing suspected misuse, fraud or willful disregard of the POA.
Montana fiduciary duties, judicial relief and liability provisions provide the baseline for reviewing suspected misuse.
North Carolina agent duties provide the baseline for evaluating suspected misuse; bank refusal rules separately allow specific protective grounds.
Nebraska fiduciary and recordkeeping duties provide a concrete baseline for reviewing suspected misuse.
New Hampshire fiduciary duties, judicial relief and agent-liability provisions provide the baseline for suspected misuse review.
New Jersey fiduciary and accounting duties provide a concrete baseline for reviewing suspected misuse or unexplained transactions.
New Mexico fiduciary duties and protective refusal provisions provide a baseline for reviewing suspected misuse.
Nevada fiduciary duties and specific execution/misuse safeguards provide a concrete baseline for reviewing suspected exploitation.
New York fiduciary duties and disclosure obligations provide the baseline for reviewing suspected agent misuse.
Ohio fiduciary duties and recordkeeping rules provide a concrete baseline for reviewing suspected agent misuse.
Oregon’s benefit-of-principal duty provides a baseline for reviewing suspected self-dealing or misuse.
Pennsylvania fiduciary duties provide a concrete baseline for distinguishing poor administration from unauthorized or self-interested conduct.
South Carolina fiduciary and recordkeeping duties provide a concrete baseline for reviewing suspected misuse.
South Dakota fiduciary and recordkeeping duties provide a concrete baseline for reviewing suspected misuse.
Tennessee’s fiduciary relationship and accounting duty provide a baseline for reviewing suspected misuse; remedies remain fact- and law-specific.
Texas suspected misuse should be evaluated against the fiduciary, information and accounting duties imposed on an acting durable-POA agent.
Utah fiduciary and recordkeeping duties provide the baseline for reviewing suspected misuse.
Virginia fiduciary and disclosure duties provide a concrete baseline for reviewing suspected agent misuse.
Vermont fiduciary duties and court-review provisions provide the baseline for reviewing suspected misuse.
Washington misuse review should be measured against RCW 11.125.140 duties, including loyalty, conflict management, care and transaction records.
Wisconsin fiduciary and transaction-record duties provide a concrete baseline for reviewing suspected misuse.
West Virginia fiduciary and recordkeeping duties provide the baseline for reviewing suspected misuse.
Wyoming fiduciary and recordkeeping duties provide the baseline for reviewing suspected misuse.