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Elder Law, Powers of Attorney, Living Wills (Advance Health Care Directives) : Includes Court Appointed Conservatorship, Elder Abuse, Durable Powers of Attorney, etc.
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Old 09-14-2009, 05:29 PM
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Join Date: Sep 2009
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Power Of Attorney Abuse

What is the name of your state (only U.S. law)? California

My 83 year old mom granted POA to my brother in law. Mom is totally of sound mind but the bro in law suggested he would be willing to handle her finances to make life easier for her. Mom gave him two directives that I witnessed.

1. Do NOT incur any more debt.

2. Do NOT borrow any money from my brother

Six days after the POA was signed, brother in law had signed a contract with my brother borrowing $50k in mom's name! Mom wasn't informed for months that this had been done until my brother started showing up asking for his loan payments.

I have 5 siblings and my brother in law had been meeting with them regularly, revealing all aspects of mom's finances to them and openly conspiring against her
(and I). Mom revoked his POA but the damage had already been done. Now she is under threat by my brother to forclose on mom's home. How can mom protect herself and is there anything legally that can be done regarding the abuse of the fiduciary responsibility? Please help! Thank you!What is the name of your state (only U.S. law)?
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