Defending Against Theft Charges Stemming from Power of Attorney in PA
A Power of Attorney (POA) is a pillar of responsible estate planning, granting a trusted individual (the agent) the legal authority to manage the financial or healthcare affairs of another. In PA, this relationship is built on a fiduciary duty, a high legal standard requiring the agency to act solely in the best interest of the principal.
However, when money is involved, the line between helpful management and alleged criminal activity can become dangerously thin. Whether through a genuine misunderstanding of legal duties or a bitter family dispute, agents often find themselves facing serious criminal theft charges. If you’re under investigation for POA abuse, you need a Pittsburgh criminal lawyer by your side because the stakes are too high.
Common Criminal Charges Linked to POA Abuse
POA abuse isn’t a single crime but a category that can trigger various severe charges under the Crimes Code.
Theft by Unlawful Taking or Disposition
This is the most common charge, applied when an agent is accused of taking the principal’s money or property without authorization and with no intent to return it.
Theft by Deception
If a prosecutor believes you used your position to create a false impression or lie to the principal to gain control of their assets, you could face this charge.
Financial Exploitation of an Older Adult
Under 18 Pa. C.S. § 3922.1, PA has strict laws protecting seniors. If the principal is over 60, what might have been a simple theft charge can be upgraded to a specific felony for financial exploitation.
Forgery and Tampering with Records
If there are allegations that the POA document itself was altered, or that checks and deeds were signed without proper authority, forgery charges may follow.
How a Criminal Defense Lawyer Protects Your Rights
When you’re accused of stealing through POA, the legal system often treats you as guilty until proven innocent, especially in cases involving an elderly relative. A skilled criminal defense lawyer acts as a vital shield between you and the prosecution.
A Pittsburgh criminal lawyer’s first job is to demand transparency. We scrutinize the prosecution’s evidence, often working with forensic accountants to prove that the funds in question were used for the principal’s care, paid for legitimate expenses, or were gifted with full consent. In many cases, what looks like theft on a bank statement is actually a complex series of medical payments or home maintenance costs that the agent simply failed to document perfectly.
Combating False Accusations
False POA theft accusations are heartbreakingly common, often fueled by inheritance envy from siblings or other family members who feel slighted. These relatives may mistake a parent’s voluntary gift for undue influence or theft by the agent.
At Logue Law Group, our Pittsburgh criminal lawyers understand that a charge isn’t a conviction. We specialize in dismantling the criminal intent required for these charges. To be convicted of theft in PA, the state must prove beyond a reasonable doubt that you intended to deprive the owner of their property.
We build a strong defense by highlighting:
- Good faith errors: An honest mistake in accounting isn’t a crime.
- Authorized gifts: Proving the principal intended for you to have the funds.
- Scope of authority: Showing that your actions fell within the broad powers granted by the POA document.
Don’t let a family misunderstanding destroy your reputation and freedom. If you’re facing allegations of financial misconduct, you need our aggressive representation that knows how to navigate the intersection of estate law and criminal defense. So, reach out to us at 412-387-6901 or sean@seanloguelaw.com to know more about your rights.