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Abuse through finances

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whatcanIdo

Junior Member
What is the name of your state? NC

I actually posted this in another forum but thought I should post it here also so this may be redundent.

My mother is 78 yrs old and recently downsized her home. My sister held her power of attorney to handle the sale of her old home and the purchase of her new. Unbeknownst to mom, sis closed simultaneously a HELOC and has been making payments so she wouldn't get caught. In addition, she was on my mom's checking account just in case my mom fell ill. The account held last year around $25K and now it is all gone.

My mom doesn't want to to do anything about it and she frankly doesn't understand what has happened. She keeps spouting "she's my daughte" and "what's done is done." My sis has given mom a promissory note to repay the money she took and my mom is satisfied. Here's my issue. The amount owed is grossly less that what it should be. Mom doesn't care and has forbidden us to discuss this, especially with me. I would like to review the transactions so that I can determine how the funds were disbursed at closing. It's classic elder abuse and I know this, but my mom can't and won't do anything about it. My sis won't discuss it with me because she tells me it's between her and Mom. (just a side note-sis has said on numerous occassions that she thinks mom is suffering from dimensia (sp?) however, that may be because my mom was getting wise to what was going on).

Should I let this go and let mom be taken advantage of or should I defy her request and research the transactions and/or hire an attorney? What can I, or what should I do, if anything? I hate to press charges on my sis, yet I don't think she should be able to get away with this type of abuse. Any recommendations?
 


whatcanIdo

Junior Member
Please help me, I'm really not sure what to do. Should I turn my head on the abuse of a vulnerable adult or should I respect my mom's wishes and let it drop?
 

xylene

Senior Member
Your living mother gave your sister a substantial gift and a low interest loan.

What exactly is the abuse.

Are you contending your mother is mentally unsound?
 

whatcanIdo

Junior Member
I wouldn't call my mother mentally unsound but she has no concept of the high finances of real estate transactions and that's why she gave sis the POA. As for the promissory note, it states no terms, no interest rate, nothing - this note was prepared when my sis was caught (2 years later). The note is nothing more than an IOU. My sis had my mom sign this with her. The note is about $50K short but my mom does not realize this.
 

Dandy Don

Senior Member
Talk to a family law attorney to see if your state has abuse of POA laws. But maybe you should forget about doing anything, because the district attorney will not prosecute if mother doesn't want to file charges.
 

whatcanIdo

Junior Member
I have contacted and attorney and you're right - nothing I can do unless my mom is willing. It's so very, very sad. I can't stand my mom not being able to go buy what she wants. She's 75 yrs. old and at this time in her life, she should enjoy what's left and it's all been taken, but because the POA is a relative, she will have no part in possibly putting this person in jail. And I am of the mindset that, great, I know what happened, and I have to turn my head and look the other way on this abuse because I have no where to go with this information.
 

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