To report power of attorney abuse, call Adult Protective Services in the state where the principal lives, and call local police if money or property has been taken. The Eldercare Locator at 1-800-677-1116 will connect you with the right APS office. Alert the principal’s bank at the same time, and if the losses are significant or the principal can no longer protect themselves, talk to an elder law attorney about going to court. Speed matters. Every day the agent keeps authority is another day of access to accounts and property.
Gather Evidence Before You Call
Investigators act on specifics. Before you pick up the phone, pull together whatever documents you can.
Bank and credit card statements are the most useful evidence because they show where the money went. Look for withdrawals, transfers, or purchases that don’t fit the principal’s needs or lifestyle. Property records and vehicle titles can show unauthorized changes of ownership. For retirement accounts, an unexpected IRS Form 1099-R, which documents any distribution of $10 or more from a pension, IRA, or annuity, points to funds the agent liquidated.
Get a copy of the power of attorney document itself. It defines what the agent is allowed to do. If the POA limits the agent to paying household bills and they’ve been buying real estate in their own name with the principal’s money, the violation is on the face of the document.
Write a timeline. Note when you first noticed something wrong, the specific transactions that concerned you, and conversations you had with the agent or the principal. Identify witnesses: family, neighbors, caregivers, doctors, financial advisors. Organized evidence is what turns a hunch into an investigation.
Where to Report Power of Attorney Abuse
Adult Protective Services
APS is the primary government agency for investigating abuse, neglect, and financial exploitation of vulnerable adults. Every state runs a program, reports are confidential, and you do not need proof. A reasonable suspicion is enough, and most states protect good-faith reporters from liability. A caseworker can assess the principal’s safety, arrange protective services, and coordinate with police or the courts.
Find your local APS office through the Eldercare Locator at 1-800-677-1116, a federally funded referral line. Many APS hotlines take calls 24 hours a day.
Local Law Enforcement
If the agent has stolen money, forged a signature, or committed fraud, file a report with police or the sheriff in the jurisdiction where the principal lives or where the transactions took place. Bring copies of your bank statements, the POA, and your timeline. A police report creates an official record and can lead to charges for theft, fraud, embezzlement, or elder financial exploitation. Many states treat financial exploitation of a vulnerable adult as a felony when losses exceed a statutory threshold, with penalties that can include prison, fines, and court-ordered restitution.
The Principal’s Bank or Brokerage
Call the fraud department or ask for a branch manager at every institution where the principal holds accounts. Point to specific suspicious transactions on the statements. As of early 2025, roughly half of all states have laws letting banks place a hold on suspicious transactions involving older or vulnerable customers, and many pair that authority with a requirement to notify APS or law enforcement.1Federal Trade Commission. State Hold Laws and Elder Financial Exploitation Prevention A hold can stop the losses while investigators work.
For brokerage and securities accounts, FINRA Rule 2165 lets broker-dealers place a temporary hold of up to 15 business days on disbursements when they reasonably believe financial exploitation is occurring, with extensions available if the matter is reported to a state agency or court.2FINRA. Frequently Asked Questions Regarding FINRA Rules Relating to Financial Exploitation of Seniors
Federal and State Agencies
The Consumer Financial Protection Bureau takes complaints about financial products at consumerfinance.gov or by phone at (855) 411-2372. The CFPB also directs people to report suspected misuse by Social Security representative payees to the Social Security Administration at 800-772-1213, and misuse by VA-appointed fiduciaries to the Department of Veterans Affairs.3Consumer Financial Protection Bureau. Reporting Elder Financial Abuse
Your state attorney general may have a consumer protection division or elder abuse unit. If the principal lives in a nursing home or assisted living facility, the Long-Term Care Ombudsman program investigates financial exploitation within those settings.4U.S. Department of Health and Human Services. How Do I Report Elder Abuse or Abuse of an Older Person or Senior
Report to every relevant channel. APS does not automatically trigger a criminal investigation, and a police report does not automatically freeze accounts. Each channel does something different, and they work best together.
What Happens After You Report
When you call APS, be ready with the principal’s name, address, a description of their condition, a summary of what you believe is happening, and the evidence you have. The intake worker will screen the report against the state’s criteria. If it qualifies, a caseworker will be assigned and will usually make face-to-face contact with the principal, often in an unannounced home visit.
For a police report, go to the station or call the non-emergency line for the right jurisdiction. Bring organized copies of your evidence. The officer will create an official report you can reference later in court or in civil claims.
At the bank, speak with the fraud department, highlight the suspicious transactions, and note who you spoke with and what they said they would do. The bank will follow its own procedures, which may include freezing the account and notifying APS or police.
One thing to prepare family members for: a principal who still has capacity has the right to accept or refuse any protective services APS offers. That can be frustrating, but it reflects a basic rule that adults who have capacity make their own choices.
Going to Court to Stop the Abuse
Reporting sets investigations in motion. Court action is what actually strips the agent of authority and gets stolen money back.
When the Principal Still Has Capacity
A principal with mental capacity can revoke the power of attorney at any time. The process is a signed, notarized written notice of revocation delivered to the agent. If the POA was used for real estate, record the revocation with the local land records office. Once revoked, the agent has no authority. The principal can then appoint a new, trustworthy agent.
When the Principal Can No Longer Decide
If the principal has lost capacity, they cannot revoke the POA themselves, and this is where court intervention becomes essential. A majority of states have adopted some version of the Uniform Power of Attorney Act, which allows a broad range of people to petition a court to review the agent’s conduct. Those who typically have standing include the principal’s spouse, parents, adult children, presumptive heirs, current guardians or conservators, healthcare decision-makers, government agencies with authority to protect the principal, and caregivers.
A court can compel the agent to produce a full accounting of every transaction, revoke the power of attorney, remove the agent, and appoint a guardian or conservator. If the agent stole money or property, the court can hold them personally liable for what the principal lost, plus attorney’s fees.p>
Emergency Guardianship
When the principal faces immediate harm, courts can appoint an emergency or temporary guardian on an expedited basis. Hospitals, APS, and attorneys frequently start these petitions. Emergency guardianship gives someone legal authority to step in right away, with a permanent hearing typically following within about 60 days.
Civil Lawsuits
Separate from guardianship, the principal or family members can sue the agent for breach of fiduciary duty, fraud, or conversion. Courts can impose personal liability, create a constructive trust over misappropriated property, and order the agent to return what they took. Elder law attorneys handle these cases, and many offer initial consultations at low or no cost. Statutes of limitations apply, so talk to an attorney as soon as you suspect abuse.
Criminal and civil cases can move at the same time. Pursuing one does not close off the other. Stay in contact with every agency you reported to, follow up regularly, hand over any new evidence, and keep copies of every document and communication. Financial exploitation cases turn on paper trails, and the person who stays organized and persistent gives investigators the best chance of holding the agent accountable.