It says in the durable power of attorney that I am to defend my father from fraud, etc. and it also reads, I have power

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Customer: It says in the durable power of attorney that I am to defend my father from fraud, etc. and it also reads, I have power to institute, prosecute. I thought only the Distric Attorney can prosecute. Why does durable power of attorney say I can prosecute if I can't? Aister broke the law many times and I would love to have her prosecuted
Answered by Isaac, Esq. in 1 min 11 months ago
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Isaac, Esq.
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Isaac, Esq., Expert

Thank you for your question. Please permit me to assist you with your concerns.

My name is ***** ***** I am a licensed attorney that has been answering questions on JustAnswer since May of 2009. I am happy to help with your question. Please allow me a moment to review your question and to compose a reply or ask you questions to best understand your unique situation.

I am sorry that you find yourself in this situation. I will help as much as I can. One moment while I type up my response.

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Isaac, Esq., Expert

Hello,

The term 'prosecute' in this instance means something a bit different.  You can pursue actions on behalf of your father, and it may also permit you to pursue a personal criminal complaint (which is akin to prosecution).  You cannot act as a criminal prosecutor yourself, but you have all the same rights and privileges that a person would have if they attempted to pursue a cause of action themselves.

Sincerely,

Isaac, Esq.

Customer
isn't stealing my property a felony? property is worth,$900,000+
Grand Theft due to forgery of grant deed. How can I get the ball rolling? turn in sister for grand theft, or forgery or ,??? Thank you for your time.
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Isaac, Esq., Expert

Hello,

You would need to file suit civilly to pursue the funds, and you can also contact law enforcement and the district attorney's office with your evidence if you have any that would show the potential theft.  The DA's office has the discretion to pursue it or not, but civilly you have the power to pursue this yourself.

Sincerely,

Isaac, Esq.

Customer
Thank you, ***** ***** prove conspiracy to commit real estate fraud, and there are seven defe dants who have had a part in the stealing of my property. I can show that each defendant had something to do with helping my sister. In a conspiracy, are all defendants required to pay the same penalty as .my sister? Sister has had my property for 15 years, then I found new evidence that shows I am the sole owner of subject property. I want to sue my sister for $531,000 for the rent of my property for 15 years.
In a conspiracy, sue all seven defendants for $531,000. That would equal, $3,717,000. Do you think that this is a possibility? or should I just sue sister and have her give me back my property?
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Isaac, Esq., Expert

You are most welcome and glad to help!

No, you cannot sue them all for the same amount, that is not how it works.  If you are alleging damages of a set amount, you can sue all of them for that amount, not each of them for a separate amount where you can collect more than once on the same injury.  No reasonable judge would allow it.

I hope that I was able to answer your questions in full.

If you have additional questions, you can ask them directly to me here: https://www.justanswer.com/law/expert-isaac-esq . Please make sure that you say “For Isaac Only...” to ensure that the question is directed to me. Although I cannot always give good news, I am straightforward. If that explains everything to your satisfaction, please do not hesitate to reach out to me again.

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Thank you very much!

Sincerely,

Isaac, Esq.

Customer
Great answer, definitely helped me out, 10 stars
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Isaac, Esq., Expert

Glad to help!

Customer
5 stars
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Isaac, Esq., Expert

Thank you very much!

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