POA and Elder abuse?

What is the name of your state? NY

I need a little help, and i am sorry if this is long winded.

My STBX wife has POA over her father, he is in a VA nursing home. and will remain there likely for the rest of his life. Since my STBX got POA over her father she has IMHO been abusing her powers. She constantly makes cash withdrawls out of the ATM on his accounts, she has opened up lines of credit in his name that she uses for her own personal gains, she has refinanced his home, which was paid off.

It is also my belief that she has conjured up some crazy story to convince him that she needs his money. by this i kind of mean that she may have gone to him and told him that i am not giving her any money and that she cant provide for her children etc etc, all of which is false. I know that she had him sign a document stating that she can "borrow whatever money she needs to live her life". the problem with this is he is legally blind, and very well may not know what it is that he even signed.

With all that aside, i would like to know a few things:

Could this in fact be considered elder abuse ? or do you need more info to draw that conclusion?

If it is elder abuse, who can report it/ who would file that complaint? She is an only child, and i believe that she has convinced him that everything is the way that it should be, so he may not want to pursue legal action against her?

would it be his decision to make? or would the law take it into their hands?

or would another member of the family have to pursue legal action? one of his siblings?

both of his parents are already dead. Sorry for so many questions and if i left anyone confused i am sorry and i will try to explain further if need be.


Thank you in advance for your help

Is he mentally sound?

What business is this to you - other than to "stick it" to your STBX?

BlondiePB said:

What business is this to you - other than to "stick it" to your STBX?

Click to expand...

other than sticking it to the STBX?

I would have to say that it would have to be the fact that if it is illegal it should be rectified, or is it your belief that people can continue on a path of ill repute because it should not be any body elses business?

I believe that laws are in place for a reason, if they were not than everyone would kill each other, because it was nobody elses business. i could go on and on but the bottom line is.,,,, is it illegal or not.

CJane said:

Is he mentally sound?

Click to expand...

I havent seen the medical reports; However, he has MS, he is legally blind, and he has osteoporosis.

Does this make him mentally sound, i have no idea. Does he know the truth, i dont think so.

almost done said:

I havent seen the medical reports; However, he has MS, he is legally blind, and he has osteoporosis.

Does this make him mentally sound, i have no idea. Does he know the truth, i dont think so.

Click to expand...

The problem is, if he is mentally sound - and nothing you've stated indicates he's not - he KNOWINGLY gave her power over his finances... now whether she can be trusted to fulfill his wishes with that power is anyone's guess. But unless she's using fraud, or taking advantage of someone not capable of discerning actual events, I don't believe she's doing anything illegal.

CJane said:

But unless she's using fraud, or taking advantage of someone not capable of discerning actual events, I don't believe she's doing anything illegal.

Click to expand...

What does this mean? using fraud how?

is he not capable of good judgement?, definitely

She has taken out a mortgage on his house (which was paid off) and done who knows what with the funds, he doesnt have that many bills to warrant such an indevor, i would be hard pressed to believe that she was factual with the reasoning if he even knows, she told the broker that it is owner occupied. he is in a home, while the house sits empty.