elder abuse issue

[sunshine23]

NC-Dad gave poa to one of my brothers who proceeded to take all $ from dad's checking & savings accounts, steal the material items brother wanted, change ownership of one of dad's life insurance policies (which dad had paid on for 30+ yrs)& then cash in life insurance policy. Upon discovering $ missing, dad revoked poa & made me his new poa. I have painstakingly cared for dad for over a year without support from other siblings. Once I had poa, I hired an attorney who helped get most of dad's $ back. Doubtful that justice will be served in regards to policy. At time ownership was changed, brother had poa. At time brother cashing in policy, I had poa & insurance was notified. Not told about the change upon notifiying company of new poa. Insurance says dad had no rights to policy so my poa was not relevant. Brother attempted to do the same with 2 other policies-agent knew family & refused to assist him in his endeavors. Hooray! Brother suffered mental breakdown 5 yrs ago after our mom's death. Had I known of dad's poa plans-I would have attempted to stop dad from his decision. Discovery of brother's poa made long after it was given. Elder abuse occurs when elder's $ are abused with or w/out elder person's consent. Need help.

 

[loku]

Misuse of POA

I believe the insurance company was correct. If your brother had a valid POA at the time he transferred title to the policy to himself, then he was the owner at the time he cashed in. However, your brother would owe restitution for the money. My guess is that he has no more money and that is the problem. If so, I am afraid you have no recourse.

 

[sunshine23]

Thanks for the info. I have sought out an elder care attorney. Would be meeting with him on Friday however, the doc believes dad has had a stroke so he will be undergoing tests. But I will seek counsel at the first opportunity. Am glad this forum works.

 

[ehustlin]

Elder abuse

I think I might have enter this in the wrong section earlier so if you read this twice forgive me. What is elder abuse? Is it a crime as in penal code violation? I have a simiular case in that my uncle has demtia and someone has taken advantage of that and had there name put on deed as 29% owner of his land. Do I have legal recourse with the D.A or is my only option civil suit?