Legal Question in Legal Ethics in Virginia

if i am acting power of attorney and spend money out of the account without prior authorization can criminal charges be brought against me if so what kind? I do have a savings account open with money going back in every month just for this person with his name on it does that make it different?


Asked on 2/20/10, 5:46 pm

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Criminal charges would seem unlikely(assuming no identifiable theft has yet occurred), but irrespective of the money that you claim is going back to the principal from a savings account, such conduct on

your part would seem a clear violation of your fiduciary duty to the principal and

(in my opinion) could thereby expose you at least to civil liability deriving from such activity.

And, yes, I might add that you would appear though this activity to be using your access to the principal's funds for your own benefit(or possibly others) even though it may be (as of now) apparently only for the short term. And,

furthermore, if you continue with it, big trouble could lie ahead for you( in my opinion).

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Answered on 2/26/10, 7:16 am


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