Who can file charges?

[missingmom]

What is the name of your state (only U.S. law)? Ohio
If my niece is granted guardianship of her father, will she be able to file charges against his estranged wife for fraud? My niece's father (my BIL) was in a serious accident 10 weeks ago and has been physically incapacitated since the accident. He is in a SNF. He has not lived with his 2nd wife for 4 years and has a civil protection order still in effect against her. His wife used his debit card, wrote a check (one of his) and signed POA after her name (she does not have POA), and renewed his apartment lease, among other things she has done. She wasted no time after the accident. She nearly depleted his checking account - left him with $49. Is there a SOL for these crimes? Hopefully she will soon be granted guardianship.

 

[davew128]

and nobody contacted the district attorney about this....why?

 

[CdwJava]

If he is conscious and capable of speaking to the police, anyone can call on his behalf and have them come and speak to him. However, if she is still legally his wife and she has access to his accounts, her access may be legal.

Perhaps you can call the local police and ask to speak with an investigator or detective and see whether they can give you some direction.

 

[missingmom]

Thanks for the replies. My niece went to the bank and had his debit card cancelled as soon as she found out about that incident. His bank told her about the check that was written and said they would contact the police. I'm not sure if they did - it would make them look bad since they cashed the check without having proof of POA. He has not divorced her because he could not afford to. Her fraudulent access of his accounts is not legal. He has a CPO in effect against her but unfortunately the wife was notified 1st of the accident and did not let his children know until about 3 hours after his arrival to the hospital. The police gave her his wallet and keys. My niece finally got those items back but that was after the wife went to his apt to take what she wanted out of there - checks, etc. and used his debit card on the internet and elsewhere.

My BIL just recently became alert enough to speak on his own behalf and has expressed his desire to press charges so I will pass this information on to my niece. The wife is mentally unstable and has been to the psych unit numerous times - longest amt of time I know of - 13 days - but they always let her back out. Thanks again.