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Elder Financial Abuse

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officer

Junior Member
What is the name of your state (only U.S. law)? PA

An elderly parent named her son and daughter as joint agents in a POA. For the past 3 years the son who was living with his mother started signing her checks with her name, not his as POA. A number of those checks were made payable to him and signed by him with her name (the signature is clearly not that of the mother). The POA was never presented to the bank and he has continued to sign her name on checks made payable to himself and others, cashed checks made payable to her, made bank withdrawals signing her name, repeatedly used her ATM card for thousands of dollars in cash, and allowed his children to use the card as well. He has sold several of the mother's vehicles and advanced her money to his children without requiring repayment with interest. Two years ago the mother was diagnosed with dementia and has become progressively unable to function. Best guess from looking at bank records is that $50,000 is unaccounted for. Questions: Is signing the checks with her name forgery? Is the use of the card by children forgery? Is acting alone instead of with the daughter who is joint POA, illegal? Is criminal prosecution viable? Is acting without the POA illegal? An attorney recommends court removal as POA but indicates that the daughter will likely be removed since the son will demand her removal. What is the best way to pursue...County protective services agency, DA's office, criminal attorney, elder abuse attorney?? Would appreciate feedback from any one having knowledge in these areas? ThanksWhat is the name of your state (only U.S. law)?
 


BlondiePB

Senior Member
What is the name of your state (only U.S. law)? PA

An elderly parent named her son and daughter as joint agents in a POA. For the past 3 years the son who was living with his mother started signing her checks with her name, not his as POA. A number of those checks were made payable to him and signed by him with her name (the signature is clearly not that of the mother). The POA was never presented to the bank and he has continued to sign her name on checks made payable to himself and others, cashed checks made payable to her, made bank withdrawals signing her name, repeatedly used her ATM card for thousands of dollars in cash, and allowed his children to use the card as well. He has sold several of the mother's vehicles and advanced her money to his children without requiring repayment with interest. Two years ago the mother was diagnosed with dementia and has become progressively unable to function. Best guess from looking at bank records is that $50,000 is unaccounted for. Questions: Is signing the checks with her name forgery? Is the use of the card by children forgery? Is acting alone instead of with the daughter who is joint POA, illegal? Is criminal prosecution viable? Is acting without the POA illegal? An attorney recommends court removal as POA but indicates that the daughter will likely be removed since the son will demand her removal. What is the best way to pursue...County protective services agency, DA's office, criminal attorney, elder abuse attorney?? Would appreciate feedback from any one having knowledge in these areas? ThanksWhat is the name of your state (only U.S. law)?
Is this a homework assignment? It sure reads like one.
 

Antigone*

Senior Member
Is this a homework assignment? It sure reads like one.
It seems like homework to me, but I'm willing to play a little.

As far as the bank is concerned, there is no fraud. Mom has given son access to the funds for some time now. Fraud would need to be reported within two statement periods. In addition, the fact that they have the ATM card and know the PIN number is another indication that there is no fraud being perpetrated.

It is sad how a little bit of money can tear families apart. That's why I'm spending all mine while I'm alive:).
 

BlondiePB

Senior Member
It seems like homework to me, but I'm willing to play a little.
Feeling a bit frisky today are you now? :D

Then of course who exactly is this OP posting on behalf of. Most state that they're posting for someone else.

It is sad how a little bit of money can tear families apart. That's why I'm spending all mine while I'm alive:)
Good plan....
 

officer

Junior Member
Let me try to answer some of this.
1. I'm the spouse of the 'daughter'. This is a real-life situation that continues as I write...not a homework assignment.
2. The joint POA goes back to '05. The dementia diagnosed '06 and has progressed. He has access to all of her financial records/info,including card and PIN.

Am I hearing that: a) signing the checks with her name is ok? b)using the ATM for anything is ok since he's in possession? c) the daughter of the POA's use is ok because he has possession?

Can anyone comment on the joint aspect of the POA or the writing of checks to himself (forging her signature)?

Thx.
 

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