3rd wife abused POA - is she protected because his spouse?

[Dads3rdWIFE]

What is the name of your state (only U.S. law)? MN
my Dad married June 2000 (at 70 yrs old) and made a new will new wife giving her and my brother joint POA if anything happened to him. December 2005 my Dad had a major stroke and January 31, 2006 his wife had a Sole POA created & his signature wasn't even spelled correctly. My brother and I drove to Arizona and our Dad could barely speak the first week of January. We were actually not aware of either POA, until she dropped him in a nursing home December of 2011. We were shocked when she was having issues gathering funds to private pay the 90-days required by his long-term care insurance. We soon found out that all his life savings was liquidated by her in the last 6 years = all stocks, all 401K, plus she cashed in both his $50,000.00 life insurance policies. Once the nursing home showed my brother he had Joint POA, he was able to gain much documentation of what she had done using her Sole POA. We tried contacting APS, but since he was not in danger of being evicted from the nursing home - they wouldn't investigate. We also contacted the local police department, but because she is the 'wife' they also wouldn't take the case. Please understand my Dad was not rich by any means, but had saved his entire life to be able to live comfortably in his retirement years. Is it really legal for a wife to completely liquidate all his stocks and 401K (using her Sole POA), and cash-in life insurance policies because he name was NOT on those funds.

 

[latigo]

What is the name of your state (only U.S. law)? MN
my Dad married June 2000 (at 70 yrs old) and made a new will new wife giving her and my brother joint POA if anything happened to him.


December 2005 my Dad had a major stroke and January 31, 2006 his wife had a Sole POA created & his signature wasn't even spelled correctly. My brother and I drove to Arizona and our Dad could barely speak the first week of January. We were actually not aware of either POA, until she dropped him in a nursing home December of 2011. We were shocked when she was having issues gathering funds to private pay the 90-days required by his long-term care insurance. We soon found out that all his life savings was liquidated by her in the last 6 years = all stocks, all 401K, plus she cashed in both his $50,000.00 life insurance policies. Once the nursing home showed my brother he had Joint POA, he was able to gain much documentation of what she had done using her Sole POA. We tried contacting APS, but since he was not in danger of being evicted from the nursing home - they wouldn't investigate. We also contacted the local police department, but because she is the 'wife' they also wouldn't take the case. Please understand my Dad was not rich by any means, but had saved his entire life to be able to live comfortably in his retirement years. Is it really legal for a wife to completely liquidate all his stocks and 401K (using her Sole POA), and cash-in life insurance policies because he name was NOT on those funds.

First tell us who benefits by your father’s will? We could be talking in the abstract. That is, academically, unless there is a real party in interest having suffered financially by any misconduct.

 

[Dads3rdWIFE]

First tell us who benefits by your father’s will? We could be talking in the abstract. That is, academically, unless there is a real party in interest having suffered financially by any misconduct.

Actually no one benefits any longer from the will, since she has liquidated every asset. Also, when my Dad recently revoked her POA, she then filed for Emergency Guardianship/Conservatorship, and even though she was in arrears of over $14,000.00 on the bill at the nursing home, the court granted her petition. So it is my Dad that has suffered by having his life's savings drained in 6 short years. We (my brother and I, his 2 children); are helpless as we watched her sell the Arizona winter home - over $27,000.00 with her Sole POA (because her name was not on the property) - in 2009 all the proceeds from the sale have evaporated - and all she says it that is went for 'expenses' - however; her first defense was 'medical bills' and when she didn't have the documentation to back that up, she downgraded it to simly expenses. Please let me know if I answered your question. Thank You for answering so quickly!