Legal Question in Civil Litigation in Ohio

Can a gift be taken back?

I have two daughters. My aunt gave each of them money for their first birthday. The money was put into CDs, with my aunt and each daughter's name on the accounts.

My aunt fell and hit her head about a year ago, and her brother now has power of attorney. He has taken the money out of my daughter's accounts and refuses to give it back. My aunt is still able to communicate the fact that she wants the girls to have the money. Is there a way to get their money back?

Asked on 12/18/01, 12:33 am

2 Answers from Attorneys

Gregg Manes Gregg A. Manes, Esq.

Re: Can a gift be taken back?

Contact the prosecutor. It appears as if this may be a theft. A power of attorney is often called a power to steal

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Answered on 12/26/01, 8:07 pm

Joseph Jacobs The Jacobs Legal Group

Re: Can a gift be taken back?

I would have to see the power of attorney form first. Your daughters and your aunt have the right to demand to see a copy. An attorney could also write this man a letter explaining your aunt's right to sue him for a breach of his fiduciary duty to her. Has she been ruled incompetent by a court? If not, she can retract her power of attorney.

Call me directly for more information:

Joe Jacobs 216-227-0900

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Answered on 12/19/01, 12:07 pm

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