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Abuse of POA & now burden of proof

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Karensteph

Junior Member
What is the name of your state? Georgia

I had posted back in March, regarding my sister-in-law's abuse of POA for her brother. Sister lives in NC & brother lived with her until Feb. 2007.

She had control of all brother's money & personal property. She had sudden "new-found" wealth : 100K in an account in her name, 2 10K C.D.'s to her 2 children, new cars, motorcycles, big-ticket items, trips, etc...

Brother has Alzheimer's-like illness & no short-term memory at all. He has no idea of what papers he may have signed, or where his money may have been stashed. Sister would not reveal any financial info. to anyone.

My spouse ( we are separated ) is in ill-health & unemployed. Brother is now living with him in the former marital home. Spouse & brother have no income at all. I am supporting everyone. Brother revoked sister's POA, & now spouse has POA. Spouse could not notify any financial institutions of revocation of sister's POA, because he does not know who to notify.

Spouse hired an Elder Attorney in NC. He has a retainer of 5,000. Attorney is going to file a complaint in court for money & property ( items left to brother by deceased mother in her will ). Attorney sent spouse a letter stating he has doubts he will win case because burden of proof is on spouse & brother.

Sister is still withholding brother's I.D., medications, clothing, personal property & money. She will not give him any of these items. There may be medicare fraud involved ( sister may have hid money to get it for him ), and tax issues. I can request copies of tax transcripts, if they were filed at all.

Brother needs to go to doctor & dentist. His meds alone cost over $400.

I am at my wits end, & fear sister may get away with theft of money & property.
She is an abusive ( mentally & verbally ), controlling, manipulative individual. In one nasty phone message to me, she said we won't win this one.

How can this kind of fiduciary abuse & blatent theft be allowable by the law ??

If anyone can offer any advice with this disturbing matter, it would surely be appreciated.
 


Dandy Don

Senior Member
You need to be asking your attorney if NC has laws on the books about abuse of POA or not and does what she did qualify as elder abuse. Would it be to your advantage to have someone else named guardian for the man so that sis won't have access to man's assets anymore? The police/district attorney can bring charges of elder financial abuse if that is what happened here.

Exactly what has sis been charged with? You need to find out if the law provides that as POA does sis need to provide an accounting with receipts of how she spent the monies (ostensibly to prove that she spent the money on his care and didn't keep the monies for herself).

DANDY DON IN OKLAHOMA ([email protected])
 

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