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Brother Took Mom's Money

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prismsand

Junior Member
What is the name of your state? Washington

My mother who is 80 years old fell down and broke her wrist last January. As she was unable to care for herself in her own home, she ended up living with my brother until March. My brother who is also her Power Of Attorney, took a large sum of cash from my Mother's home. The estimated cash taken was around $15,000. He also took her Will and financial documents.

Now that she is back home, my brother has not returned her money. Will or her financial documents. My Mother has expressed concern to my older sister and I. Yet she is afraid to make him upset and ask for it back.

I found out a few days ago that he put the cash into a back account under his name only. My brother told her that he is keeping it for her. He has not even shown my Mother anything about the account.

I confronted him through an e-mail I sent to him. I asked why he put her money into an account without her name on it ?
His reply said that it is between my Mother and him. He also said he does not have to disclose any information. He is maintaining that what he is doing with her financial affairs is a benifit to her, when it is time for her to go into an assisted living or other types of seinor care. My Mother has other accounts of her own as well.
Which we are also wondering what he has been doing with those. Her other accounts are of a substantial sum.

What is our legal rights as siblings, so we can protect our Mother?
What are the obligations of a Power of Attorney to disclose information?

Any advice would be greatly appreciated.

Thanks,
Sandra
 


seniorjudge

Senior Member
If ma is competent, there is nothing you can do to protect her from herself.

If ma is not competent, then y'all need to file for a guardianship/conservatorship over her. You need to hire a lawyer.
 

Dandy Don

Senior Member
This could be elder financial abuse. Talk to a local family law attorney to see if your state has laws against abuse of POA, and depending on what he did, he may be charged with other charges. She also needs to send him a certified letter canceling the POA. He has to provide an accounting for monies he spent to prove he is using it for her care and not keeping it for himself.

DANDY DON IN OKLAHOMA ([email protected])
 

lwpat

Senior Member
She needs to redo her will and POA. Cancel the other one and file the new one. She should also move the current bank accounts.
 

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