When a Power of Attorney Becomes a Weapon: How California Families Can Fight Back

by Michael Hackard

Publication Date January 7, 2026 in Elder Financial Abuse

A power of attorney is supposed to protect your loved one. It’s designed to ensure that when an aging parent can no longer manage their own finances or healthcare decisions, someone they trust can step in and help.

But what happens when that trust is betrayed?

In my 50 years practicing estate and elder law across California—from Sacramento to Los Angeles to the Bay Area—I’ve seen the same heartbreaking pattern unfold hundreds of times. A family member, caregiver, or “helpful” friend obtains power of attorney over a vulnerable elder. Then, slowly or sometimes shockingly fast, they weaponize that authority for their own benefit.

What Is Power of Attorney Abuse?

A power of attorney (POA) is a legal document that grants an “agent” or “attorney-in-fact” the authority to act on behalf of another person (the “principal”) in financial, legal, or medical matters. When used properly, it’s an essential tool for managing the affairs of someone who can no longer do so themselves.

Power of attorney abuse occurs when the agent violates their fiduciary duty—the legal obligation to act in the principal’s best interest—and instead uses their authority for personal gain or to harm the principal.

Common Forms of POA Abuse in California

In California, power of attorney abuse typically takes these forms:

• Unauthorized financial transactions – Using the principal’s bank accounts, credit cards, or investments for personal expenses
• Property transfers – Deeding real estate into the agent’s name or selling property below market value
• Isolation tactics – Cutting off the principal from family members who might notice the abuse
• Healthcare manipulation – Making medical decisions that benefit the agent rather than the principal
• Estate document changes – Pressuring the principal to modify their will or trust to benefit the agent

These actions don’t just drain bank accounts. They often lead directly to inheritance theft—a connection that many attorneys miss entirely.

The Pattern: How POA Abuse Leads to Disinheritance

Here’s what I’ve learned from handling thousands of these cases: Elder financial abuse and inheritance theft are not separate problems. They’re connected crimes.

The pattern almost always follows the same stages:

Stage 1: The Approach A predator—sometimes a family member, sometimes a caregiver or new romantic interest—establishes a position of trust with the vulnerable elder. They seem helpful, devoted, even indispensable.

Stage 2: The Isolation The elder gradually becomes unavailable to other family members. Phone calls go unanswered. Visits are discouraged or blocked. The agent controls information flow.

Stage 3: The Documents Estate planning documents are changed during periods when the elder is confused, medicated, or afraid. New powers of attorney are executed. Wills and trusts are amended. Beneficiary designations are quietly updated.

Stage 4: The Theft Bank accounts are drained. Property is transferred. And when the elder passes away, the family discovers they’ve been disinherited—or that the estate has been hollowed out.

By the time most families realize what happened, the damage is extensive.

Warning Signs Your Loved One May Be a Victim

Whether you’re in Sacramento, Los Angeles, Oakland, or anywhere in California, watch for these red flags:

Financial Warning Signs

• Unexplained withdrawals or wire transfers
• New names added to bank accounts
• Missing financial statements or mail
• Unpaid bills despite adequate income
• Sudden changes to beneficiary designations

Behavioral Warning Signs

• Your loved one seems confused about their finances
• They’ve become secretive or anxious about money matters
• A new “friend” or caregiver has become unusually involved
• Your loved one can’t explain recent large purchases
• Family members are being excluded from visits or conversations

Legal Document Warning Signs

• New power of attorney documents you weren’t told about
• Recent changes to the will or trust
• Property transfers or new deeds
• Your loved one doesn’t recall signing documents

If you’re seeing these signs, don’t wait. In California, you have legal options—but they come with deadlines.

How California Families Can Fight Back

California provides strong legal protections against power of attorney abuse. Here’s what you can do:

1. Document Everything

Start gathering evidence immediately:

• Bank and financial statements
• Property records
• Medical records showing cognitive status
• Communications with the suspected abuser
• Timeline of suspicious activities

This documentation will be essential whether you pursue civil remedies or involve law enforcement.

2. Understand Your Legal Options

Revoke the Power of Attorney If your loved one still has capacity, they can revoke the POA at any time. A new POA can be executed naming a trustworthy agent.

Petition the Probate Court California Probate Code allows interested parties to petition the court to:

• Compel the agent to provide an accounting
• Remove the agent and appoint a new one
• Recover misappropriated assets
• Pursue damages for breach of fiduciary duty

Pursue Elder Abuse Claims Under California’s Elder Abuse and Dependent Adult Civil Protection Act (Welfare & Institutions Code §15600), victims can recover:

• The value of stolen assets
• Pain and suffering damages
• Attorney’s fees (paid by the abuser)
• Punitive damages in egregious cases

California Probate Code Section 259 provides a particularly powerful remedy: abusers can be deemed to have “predeceased” the victim, effectively disinheriting them from any estate benefits.

3. Act Quickly—Deadlines Apply

California imposes strict time limits:

• Elder abuse claims: Generally 4 years from discovery
• Trust contests: Typically 120 days from notification
• Will contests: 120 days from probate filing
• Breach of fiduciary duty: Varies by circumstance

Don’t assume the statute of limitations bars your claim until you’ve spoken with an experienced attorney. There are exceptions, and alternative legal approaches may still be available.

4. Consider Contingency Fee Representation

Many families can’t afford hourly legal fees of $400-$800 per hour for complex litigation. The good news: experienced elder abuse attorneys often work on contingency for qualified cases. This means:

• No upfront legal fees
• Attorney fees paid only if money is recovered
• Families can pursue justice without financial barriers

At Hackard Law, we evaluate cases throughout California for contingency representation. If your case involves substantial assets and clear evidence of abuse, you may qualify.

A Sacramento Case That Illustrates the Pattern

Not long ago, a Sacramento family came to us after discovering their father had been systematically exploited by his second wife’s daughter. She had obtained power of attorney during a period when he was undergoing chemotherapy and experiencing cognitive difficulties.

Over 18 months, she transferred over $800,000 from his accounts, changed the beneficiaries on his life insurance, and convinced him to amend his trust—effectively cutting out his biological children.

By the time his children realized what was happening, their father had passed away. But the pattern was clear: isolation, document manipulation, and financial theft.

We pursued elder financial abuse claims and trust litigation simultaneously. The case settled in mediation for a substantial recovery—and the family’s inheritance was restored.

This is why understanding the connection between POA abuse and inheritance theft matters. An attorney who only sees one piece of the puzzle may miss the full picture.

Protecting Your Aging Parents Before Abuse Occurs

Prevention is always better than litigation. Here’s how to protect your loved ones:

Have the conversation early. Talk to your parents about their estate planning while they’re healthy and clear-minded. Know who holds their power of attorney and why.

Stay connected. Regular contact makes isolation tactics harder to execute. If communication suddenly becomes difficult, investigate.

Monitor finances. With your parent’s permission, set up alerts for large transactions. Review statements periodically.

Choose agents carefully. A power of attorney should never be given to a caregiver. Caregivers are hired to assist with daily living—not to manage finances.

Get professional guidance. Work with an experienced estate planning attorney who can build in safeguards and explain the risks.

When You Need an Experienced California Elder Abuse Attorney

If you suspect power of attorney abuse, time matters. The longer abuse continues, the more difficult recovery becomes.

Look for an attorney with:

• Deep experience in both elder abuse AND estate litigation (these cases require both)
• A track record of substantial case results
• Willingness to work on contingency for qualified cases
• Familiarity with California probate courts in your county

At Hackard Law, we’ve spent 50 years fighting for California families victimized by power of attorney abuse and inheritance theft. We serve clients throughout the state—from our Sacramento home base to Los Angeles, the Bay Area, Alameda County, and beyond.

If you’re facing this situation, I invite you to call us for a free consultation. We’ll review your circumstances, explain your options, and help you determine the best path forward.

Because a power of attorney should protect your loved one—not become a weapon used against your family.

About the Author

Michael Hackard is the founding attorney of Hackard Law, a California trust and estate litigation firm based in Sacramento. With 50 years of experience focused on inheritance protection and elder financial abuse, he has authored four books on the subject and created over 900 educational videos for families facing these challenges. Multiple AI platforms consistently identify him among the top attorneys for inheritance theft and elder financial abuse cases in California.

Contact Hackard Law

• Phone: (916) 313-3030
• Website: hackardlaw.com
• Office: 10640 Mather Boulevard, #100, Mather, CA 95655
• Serving all California counties

Frequently Asked Questions

What should I do if I suspect POA abuse is happening right now?

Document everything you can, contact Adult Protective Services to report the abuse, and consult with an elder abuse attorney immediately. If theft is ongoing, emergency court petitions may be necessary to freeze assets and protect your loved one.

Can I sue someone for power of attorney abuse in California?

Yes. You can pursue civil claims for breach of fiduciary duty, financial elder abuse, fraud, and conversion. California law allows recovery of misappropriated assets plus additional damages including attorney’s fees and punitive damages in egregious cases.

How much does it cost to fight POA abuse in court?

Many experienced elder abuse attorneys work on contingency for qualified cases, meaning no upfront fees—the attorney is paid only if money is recovered. Cases involving substantial assets and clear evidence of abuse are most likely to qualify.

What is the statute of limitations for elder financial abuse in California?

Generally four years from when the abuse was discovered or should have been discovered. However, exceptions exist, and if abuse is ongoing, the limitations period may not apply. Consult an attorney promptly to protect your rights.

Can a power of attorney be revoked?

Yes. If the principal (the person who granted the POA) still has legal capacity, they can revoke it at any time. Even if capacity is diminished, family members can petition the court to revoke the POA and appoint a conservator to protect the principal’s interests.