When you grant someone power of attorney, you place a significant amount of trust in them to make decisions on your behalf. Unfortunately, power of attorney abuse can occur if the individual misuses their authority for personal gain or acts against your best interests.
In Texas, the law imposes legal consequences for such behavior, ranging from civil to criminal penalties.
Legal implications of power of attorney abuse in Texas
Texas law clearly protects individuals from power of attorney abuse. Under the Texas Penal Code, anyone who uses a power of attorney for fraudulent purposes may face criminal charges, including fraud, theft, or exploitation. The punishment depends on the severity of the abuse and whether it causes financial loss or harm to the person who granted the power of attorney.
If the abuser steals money or property, authorities can charge them with theft, which could lead to fines or imprisonment. The severity of the charges increases if the amount stolen is substantial. In some cases, authorities may charge the abuser with exploitation of a vulnerable individual, a serious offense in Texas.
Civil penalties and consequences
In addition to criminal charges, civil consequences also follow power of attorney abuse. The harmed individual can file a lawsuit to seek damages. This means that the person who granted the power of attorney, or their family members, can seek financial compensation for any harm caused. The abuser may also need to return any stolen property or funds.
Texas law allows the court to appoint a guardian if necessary. If the person who granted the power of attorney becomes incapacitated due to abuse, the court can step in and appoint a guardian to protect their interests.
Protecting yourself against abuse
To protect yourself from power of attorney abuse, choose a trustworthy individual and regularly monitor their actions. Staying aware of your rights and recognizing the potential for abuse can help you act quickly if issues arise.
