DPOA abuse????

[schwartz]

What is the name of your state? Wisconsin My brother and I were the heirs to my mother's estate. My mother was showing signs of Alzheimer's.In 1988, we set up a DPOA with my brother and my mother's Rabbi to be equal DPOA' I by the way refusedto be part it, I trusted my brother.. We were not sure how long before it would be needed, so we had itt state that my mother's two doctor's would declare her incompetent .In 1989, my brother and this Rabbi decided to set up the DPOA with only one doctor saying she was incmpetant. I only found this out after she die, because I went to the lawyer who handled it

I asked for an accounting of the DPOA, when she died, in 1991. They refused. I went to her bank and got all her records myselff and what I found out made sick. All the checks they had written for their own use. Which is one of the questions, I have is I was that as her DPOA, thay shoulld not profit in any, that this should be for her care only>

They wrote checks back and forth to each , and my brother wrote checks to his own kids
Was this also illegal??

I am talking several thounds of dollars
They actually went into my mother's bank the day after she died, and cashed more checks and the bank originally had marked them "Bounced", since the account was closed, but they somehow managed to cash them

What happen's to people who go into a bank and cash checks, after they know a person is dead.

After I found all of this out, I begged them to put the money back. Claimed they never took anythingThey refused and thay refused to turn in an accounting , which I believe was needed, to close out the estate

I called the Sheboygan police, and they opened a case .I gave them all the checks. They called my brother. I also gave them the Wisconin statues that apply. Right in the middle of the investigation, they shut down the ivestigation claiming their was no statute broken no crime committed . But on the official report it reads cl;eared. Why is this. Now my brother thinks he did nothing wrong

 

[Dandy Don]

It was a mistake, though a minor one, to take the records to the police, although what you did was understandable. They are supposed to know the law, but they can't interpret it properly enough and in precise enough fashion to know whether a violation of the law has actually occurred. You should have gone to an attorney first, which is what you need to do now.

Find an attorney who specializes in elder law/or family law and who has experience in dealing with abuse of POA and find out whether your state has laws against abuse of POA and/or elder financial abuse. The DPOA may even be declared to have been invalid if it can be established definitively that she was mentally impaired at the time she signed it.

Since a Wisconsin attorney may not be reading this message board, you may want to consider posting a brief version of your question to another advice website, www.lawguru.com

DANDY DON IN OKLAHOMA ([email protected])

 

[schwartz]

dpoa

Thanks for the info DandyDon I wish I could have hired an attorney but I had no money
The Wisconsin statutes are Chapter 243 this has to do with the general provisions relating to fraudulent conveyances of contracts. DPOA included. It states that a DPOA is required to keep records, and an accounting of each check It also has the law regading the death factor, when someone dies, the DPOA dies too. They went to the bank after my mother died, and cashed more checks. What should have happened to them for this abuse

And the fact they implented it improperly.What consequences should they receive for that

I guess the question I need aswered is what laws were broken when they used the money for themselves, I believe that is against the law, right.

Is it too late to get an attorney This happened im 1992