Hello,

This is pursuable. Lodge an FIR in the local police station for cheating and forgery.

Also, file a civil suit challenging the POA on the ground of it being given by a person who is mentally incapable and under duress.

Contact a local lawyer

Regards

1. This gives to your mother the cause of action to file a civil suit to declare the POA as illegal. Tell her to immediately serve a lawyer's notice on her daughter to cancel the POA and warn her to not perform any further act in pursuance of the said POA. Thereafter, your mother can file a civil suit in the competent civil court to declare all the acts done by the sister, pursuant to the execution of POA in her favour, as void and not binding on her.

2. Furthermore, if the signatures of your mother are forged then your mother can also file a criminal complaint for the offence of forgery and cheating.

3. Your mother does not have to appear in the court except for her evidence.

Since it is your mother's property she has the right to transfer it to anyone as per her will. In the given situation she has given her sister POA. But the acts done by the alleged person is fraudulent in manner which is done by deceiving your mother so you can lodge a police complaint to stop the same act in future. You also need to have the record of transfer of money.

You can file suit to set aside POA executed by mother in favour of daughter

2) take the plea that mother is not mentally fit the execute POA

3) also seek orders to direct your sister to deposit money fraudulently withdrawn from your mother account

4) if mother signature is forged file police complaint against her for forgery , cheating

1. It should be proved that your mother is suffering from mental disorder and not capable of executing power of attorney.

2. Complain to police that she obtained the powery of attorney from mentally deranged person and cheated by amassing the property, funds in the bank account.

3. Instruct the banks to freeze the account.

4. If police refuse to register complaint, approach magistrate court and file a private complaint.

5. File a complaint to the registrar that POA has been obtained from mentally dereanged person and to cancel it.

6. With all the documents, file a suit for recovery for the money whichever has been lost.

1) In USA in which state you are living along with your mother. And the POA registered in which state office. All you are living in USA's same state and same city.

2) I need details of POA, when it took place date who was witnesses etc. Wants to read full POA.

3) you can challenge on behalf of your mother as legal heirs of her to POA, the POA took place when your mother was unsound mind and it has been registered under fraud and undue influence etc. So this agreement is not valid it should be treated as void and nullify it effect.

1. Forging of her signature is a serious crime committed by your mother's sister for which you can lodge a police complaint which might result in to her arrest and subsequent prosecution and punishment.

2. You can file a suit before the Court challenging the POA executed by your mother who, as per you, is not in her perfect mental state, to execute any legal document like POA praying for a direction upon the Bank to allow transaction in the said account for a specific amount for her daily maintenance and also for her hospital expenses, in case of any eventualities.

3. Thereafter you can send a notice to the Bank calling upon it to stop any transaction in the said account through the POA stating that the matter is now sub judice.

4.Any misappropriation or misuse of your mother's fund by her sister, taking the advantage of her mental inability to handle her matters, if proved, will be punishable as per law.

If you can prove that your mother was mentally incapable at the time of executing this power of attorney then gather the details of all the transactions that took place ever since your mother's sister got a POA fraudulently on her name.

File a money recovery suit on the basis of legal heir to your mentally challenged or incapacitated mother and on her behalf.

In the meantime you may collect the medical history details of your mother and file a mental health OP before court competent to declare her mentally challenged and also file a petition to appoint guardian to her to take care of her estates and movables and maintain them.

For legal assistance you may engage the services of an advocate in the local.

Move a criminal case against your mom's sister since she is exploiting your mom financially, given the fact that she mentally unfit and thus, causing wrongful loss to your mother and undue gains to herself.

Thus, you get a FIR lodged against this Sister of your mom.

1. If the POA was the outcome of raud ,force or misrepresentation then you can file asit for tis revocation.

2. The transfer of money if found to have benefited only the attorney or her relatives then the case for revocation further strengthens.

3.So first lodge a complaint with Police for cheating on which basis the police is obliged to register a FIR and starts investigation.

4. then file a civil suit for declaring the POA null and void. Claim recovery of money as well which ahs been swindled out of her accounts.

5. Since your mother is not physically or mentally not fully fit apply in court for yourself to be appointed as her legal guardian so you can effectively pursues the legal remedies.

Hi, you can cancel the POA through court as her sister is misusing the funds for her own own benifits and not in the interest of your mother .. Also file s police complaint for criminalbreach of trust

Dear Sir/Madam, you have good case on merit, you have to take doctor certificate for your mother I'll health, mental dis-order, on that basis you have issue legal notice to POA holder, and take legal action in this regard, if you want more advice in this regard, kindly contact me through esteemed kaanoon.com ...by Chandrashekhar Vithal Jadhav Advocate Bangalore