My brother took POA and abused it

[joymats]

CA. My mom and brother live in Florida. He took POA (although her estate documents state that POA should go to two children to act together) and has taken large amounts of cash from her accounts. My mom is 84, has some dementia and we want her to revoke his POA and re-assign to me and/or my sister. The estate attorney is concerned that my mom have proof of mental competence to change her POA; is this true? Do we need to go for conservatorship to get my brother out of the picture. He will only sign a resignation of POA if we sign an unconditional release for him. With the amount of $$ he has taken, I am reluctant to do that.

 

[Dandy Don]

Yes, you need to be talking to a family law attorney about conservatorship and/or guardianship.

Attorney should be able to draft a document right now to cancel/revoke the POA, so you don't need to be concerned about getting a resignation from the POA. Find out if your state has laws on the books about abuse of POA (many states do). If POA can't prove that he has spent the monies on care for mom, then he is guilty of embezzlement. Your attorney can threaten to have him charged with embezzlement if he doesn't return whatever monies are left.

When this case goes to probate after mom's death, make sure that the executor posts an executor's bond so that if any theft is done from the estate that money can be recovered.

DANDY DON IN OKLAHOMA ([email protected])

 

[dworrill]

Don't mess around wondering. Get a video camera on your grandma. Does she live in San Jose? If in San Fran speak to Asst. DA Richard Hechler, Special Prosecution Elder Abuse. 14 of the counties in California have special prosecution depts for Elder Abuse. They all vigorously prosecute elder abuse, as well as Florida.

It sounds like a classic case of undue influence. There are cause of actions both criminally and civily. Go check out CA PC 368.

Get Adult Protective Services involved. Though they are underbudgeted and often miss the financial abuse, they are your first line of defense.

I can't STRESS anymore, to get involved and to fight like a pitbull. The system is stubborn and blind. With Crawford v Washington weakening CA evidence code for elders, you must get the ball rolling.

If she lacks capacity, go through the conservator proceedings. Get a mini-mental exam (MMSE) Geriatrics. Trust me, I saw alot of people wait until it was too late. You think physical abuse is bad, financial abuse strips the OPPORTUNITY of peace and mind for the rest of their well deserved lives.

Keep on guard, knowing your adversary is the #%$ that he is, while you are doing everything to protect your mom, he will attempt to turn it around against you, i.e. "Look they want your money," "They are trying to commit you." He wants more than anything to isolate her from you.

Lastly, POA gives wide powers, Check what type of POA. There are different types authorizing total or limited powers. Check all property titles, etc. Beware of the Joint Tenancy tool for abuse.

Do me a favor and do something about it NOW.

DAM

 

[dworrill]

Sorry about the slip up of CA v Fl. I am sure FL has parallel if not identical statutes for Elder Abuse such as CA PC 368

 

[dworrill]

If you wait until probate, you have already lost

DAM

 

[BlondiePB]

CA. My mom and brother live in Florida. He took POA (although her estate documents state that POA should go to two children to act together) and has taken large amounts of cash from her accounts. My mom is 84, has some dementia and we want her to revoke his POA and re-assign to me and/or my sister. The estate attorney is concerned that my mom have proof of mental competence to change her POA; is this true? Do we need to go for conservatorship to get my brother out of the picture. He will only sign a resignation of POA if we sign an unconditional release for him. With the amount of $$ he has taken, I am reluctant to do that.

1. Immediately call Adult Protective Services (APS) in the county that your mother resides. You will find APS listed under Department of Children and Families (DCF).
2. You can read about APS in FL Statues, Chpt. 415 at this link www.flsenate.gov/statutes
3. You will require an Elder Law attorney in the county that your mother resides here in FL that specializes in guardianships. Apply for plenary guardian. You can read about guardians at above link, Chpt. 744.
4. What county in FL does your mother reside. I may be able to provide you with excellent contacts. If you do not want to post the county in FL on the message board, send me a private message.

 

[joymats]

My mom lives in Palm Beach County

Palm Beach, FL. I will be there the week of November 1 to take care of business. referrals or other advice welcome

 

[dworrill]

Just to note earlier about the POA. If she lacks competency, then revoking, switching, etc. is generally out of the question. You having her revoke her POA and giving a POA to you is the same result equaling undue influence, even under the best of intentions. The fact remains that without competency she doesn't have the capacity to make that decision. She must have competency.

Contact the District Attorney's office in the county that your mother resides. Contact Adult Protective Services. And Contact an Elder law attorney. All can give you advice and assistance and the procedures for conservatorship.

You must work hard for this. Financial abuse is often overlooked and misdiagnosed. Often times, even Adult Protective Services will tell you its simply a family dispute fighting over the assets of their elder. It's BS. Financial abuse often is hard to prove in a court of law. Connecting all of the dots is a daunting task. Since your mother is still alive, you are lucky. You can still protect her if she needs it.

If you fight hard, to gain access, the abuse will be self evident. Those who abuse their own family's are sloppy. They often think they have the right anyway. The trail isn't hard to find if you have someone on your side experienced in connecting the dots.

Preserve everything you can. Bring along your video camera. Whether you get everything into court is a different story, but developing a record is important.

DAM

 

[BlondiePB]

Just to note earlier about the POA. If she lacks competency, then revoking, switching, etc. is generally out of the question. You having her revoke her POA and giving a POA to you is the same result equaling undue influence, even under the best of intentions. The fact remains that without competency she doesn't have the capacity to make that decision. She must have competency.

Contact the District Attorney's office in the county that your mother resides. Contact Adult Protective Services. And Contact an Elder law attorney. All can give you advice and assistance and the procedures for conservatorship.

You must work hard for this. Financial abuse is often overlooked and misdiagnosed. Often times, even Adult Protective Services will tell you its simply a family dispute fighting over the assets of their elder. It's BS. Financial abuse often is hard to prove in a court of law. Connecting all of the dots is a daunting task. Since your mother is still alive, you are lucky. You can still protect her if she needs it.

If you fight hard, to gain access, the abuse will be self evident. Those who abuse their own family's are sloppy. They often think they have the right anyway. The trail isn't hard to find if you have someone on your side experienced in connecting the dots.

Preserve everything you can. Bring along your video camera. Whether you get everything into court is a different story, but developing a record is important.

DAM

As noted in OP's first thread, OP's estate attorney told OP that OP's mother could not sign another POA because there's an issue about compentency with the mother. I've already sent OP names, addresses and phone numbers via PMs.

APS is very aggressive in FL. You better believe that APS will investigate a vulnerable elder's bank account and the transactions, etc.

 

[BlondiePB]

Palm Beach, FL. I will be there the week of November 1 to take care of business. referrals or other advice welcome

You hit the "jackpot".