Q. I am an accountant and suspect that a man my client entrusted to serve as her Durable Power of Attorney is using his authority for his own personal benefit. My client has no living family or friends. Is there anything I can do to make sure she is not being exploited?
A. The New Hampshire Courts want to ensure that people who entrust their personal and financial affairs to others have sufficient safeguards to protect their interests. If you believe your client might be the subject of exploitation, there is a petition that can be filed that would require him, as her agent, to provide an accounting and determine whether he has acted unlawfully.
Preference for who may bring the petition is given to those having a direct relation to the principal, such as the principal herself, a spouse, child, parent, a person named in the will or someone who would receive assets under the intestacy statute, a healthcare provider, or a state agency. However, if no one from those categories is able or willing to bring the petition, “any other interested party” who can satisfactorily demonstrate an interest in the welfare of the principal, and that the principal does not have the capacity to bring the petition herself, may also bring the petition.
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