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Mom's POA is Overstepping His Boundaries

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lisamarie1125

Junior Member
What is the name of your state (only U.S. law)? Ohio

My grandmother has moderate dementia, 86 yrs old. When grandpa passed last year, his eldest son was given a special durable POA for financial and medical purposes. He does not have guardianship of grandma. Because of a rift in the family over accusations of the trustee's (same eldest son, I'll call him Dave) misappropriation of funds from an irrevocable trust set up for the children, Dave has gone to great lengths to keep those family members away from grandma. Three of her children, her only living sister, and myself have all been forbidden to see her. I was my grandmother's caretaker for 4-1/2 years prior to grandpa's passing. Because I talk to the siblings that are accusing Dave of misappropriation, I was let go as caregiver. In May, Dave went as far as moving my grandma out of her home for three weeks to a location where no one could get to her. Upon returning to her home, she suffered a fainting spell, went to the Dr. and was found to be severely dehydrated. It took her 2 months to recuperate. Dave has now moved her out of her home permanently (where she had round the clock care) and into the same location she was in in may. He is now proceeding to get rid of all her belongings. Her daughter, her sister, and myself were the only constant people in her life that she saw on a daily basis. Now, she sees none of us. I now learned that Dave has filed for guardianship.
As far as her financials, my grandpa left her very well off. Dave spends her money frivolously, and, although it's not been proven that he is actually siphoning money out of her account, there are well founded suspicions.
We have tried going to APS, only to be told this is a family dispute and does not meet the criteria for them to investigate. I believe our only option is to hire an attorney, but I've been told this is very costly and can take years to resolve. We do not have that kind of time. What can we do to get fast results to get Dave taken off as POA or to show that he is abusing his power?
 


Dandy Don

Senior Member
Consult with a family law attorney as soon as possible. You may be able to complain about the frivolous spending at the hearing for guardianship/conservatorship or find out from the attorney whether Dave will have to provide any type of financial accounting for monies he is in charge of.
 

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