Forging a power of attorney in California can result in both civil and criminal punishment. Most POA disputes are handled in probate court, but the act of forging a document or falsifying a principal’s signature is itself a criminal offense under California law.
A forged power of attorney is void and unenforceable from a civil standpoint. Once the forgery is proven, the court can invalidate the document, reverse any transactions made under it and order the return of misappropriated assets. The forger may also be held personally liable for damages, interest and, when appropriate, enhanced damages.
Criminally, forging a power of attorney may constitute fraud or elder financial abuse, depending on the circumstances. Power of attorney fraud penalties can be extremely harsh if prosecuted, but California courts tend to prioritize civil remedies that restore the victim’s losses.
