abuse of power of attorney

[friendinneed]

What is the name of your state? Tennessee A very good friend of mine got sick in July 06 and her brother came to Tennessee from Texas and got her to give her mother power of attorney for use if she became unable to take care of her affairs.He went back to Texas and within 2 weeks used the poa to move her retirement assets from her 401k to a broker in Texas in her name and from the broker to a trust set up years before in the mothers name with the brother as beneficiary completely removing this money from my friends name.He then began abusing my friends credit cards and charging them up past their limits.In the mean time they had used the poa to change my friends address to a po box in Texas so the card statements went there so she was not aware of the credit card activity.In the meantime no payments were made to the credit cards and they went into default and are now in the hands of attorneys trying to collect.What recource does my friend have.Her brother has stolen every penny this woman has and distroyed her credit.She is disabled from her illness and could lose her house..Thanks..additionally my friend revolked their poa when they absolutely refused to account for her assets and credit card abuse and named me power of attorney and asked me to try and help her get her assets back.Former poa will not even take phone calls.

 

[Dandy Don]

This is elderly financial abuse and abuse of POA and theft. Contact the local police or social service agency or family law attorney to find out how you can file charges.

 

[friendinneed]

thanks Don.can you explain

the issues involved in these people living in Texas.Would him personally coming to tennessee and obtaining the poa and removing the assets from a local brokerage subject him to the jurisdiction of the county general sessions court.I am trying to figure out a way to sue him without much cost.he stole all my friends money and I would love to be able to make him come here for court.btw she is now actually elder.she is only 53.thanks

 

[Dandy Don]

Why are YOU trying to figure out how to sue him at least cost? This is your friends family's responsibility. Talk to the police first and you may not even have to use an attorney.

 

[friendinneed]

Don

Why are YOU trying to figure out how to sue him at least cost? This is your friends family's responsibility. Talk to the police first and you may not even have to use an attorney.

I am this persons friend of many years and this is what friends do for each other where I come from.As I explained in my original question.This is the womans brother that got her to give the poa to their mother and he used it to steal the 401k and charge on her credit cards.Being as they changed her address and she wasn't getting statements she wasn't aware of any abuse therefore the credit cards went into default while passing the 6 month time frame to claim fraud on the credit cards.The police will not pursue cc fraud unless you do a fraud packet with the cc company.Although I believe they will prosecute then for taking the 401k assets.With that further info can you address my follow up questions to you about getting a local Tennessee court to use long arm statutes via the minumum contact argument via the 14th amendment clause regarding due process..re his coming here personally and getting the poa and removing the assets from a local brokerage.Bottom line what I want to do is require her brother and mother to come to Tennessee for civil procedings vs. having to sue them in Texas court.Thanks

 

[BlondiePB]

I am this persons friend of many years and this is what friends do for each other where I come from.As I explained in my original question.This is the womans brother that got her to give the poa to their mother and he used it to steal the 401k and charge on her credit cards.Being as they changed her address and she wasn't getting statements she wasn't aware of any abuse therefore the credit cards went into default while passing the 6 month time frame to claim fraud on the credit cards.The police will not pursue cc fraud unless you do a fraud packet with the cc company.Although I believe they will prosecute then for taking the 401k assets.With that further info can you address my follow up questions to you about getting a local Tennessee court to use long arm statutes via the minumum contact argument via the 14th amendment clause regarding due process..re his coming here personally and getting the poa and removing the assets from a local brokerage.Bottom line what I want to do is require her brother and mother to come to Tennessee for civil procedings vs. having to sue them in Texas court.Thanks

Check the Attorney General's Office for a Senior Crime division. This financial exploitation is a crime & pursuing the criminal aspect is what needs to be done first.

 

[friendinneed]

Check the Attorney General's Office for a Senior Crime division. This financial exploitation is a crime & pursuing the criminal aspect is what needs to be done first.

Thanks blondie.I'll do that..