Is A power of attorney valid after the donee has passed away We told her that the power of attorney is no longer valid but she went to bank and took money out How can force her to refund the money?

Answer 1

A Power of Attorney is extinguished upon the death of the person who granted it. If the person who was named in the power of attorney used that power after the death of the grantor then any money withdrawn from the bank account of the deceased must be returned to the heirs. Only a duly appointed administrator/executor has the power to withdraw money from the bank account of the deceased unless there was a joint owner with that power. If an estate was filed this should be reported to the executor or administrator. If no estate has been filed, you could try speaking to a bank officer, bring a copy of the death certificate with you. Explain to them that the owner of the account had died before the bank allowed the withdrawal, and ask them to provide dated proof of the withdrawal. They may or may not comply with your request because you have no legal right to that information. They may take steps through their legal department to rectify the situation. You should report the theft to your district attorney's office, provide them with the proof of death and bank records if possible and follow their advice on how to proceed. You may need to petition the probate court to be appointed administrator of the estate.