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L
Lindaw Asked February 2011

My brother just got power of atty. for my mother. We have proof that he is steeling her money, what should we do? My Mother is crying for

my husband and I to come save her.

igloo572 Feb 2011
You need to contact an elder attorney in whatever county she lives in to work with you on this.

DPOA is tricky as what gets paid or NOT paid is up to the discretion of the DPOA and she likely signed a form that they will not be held responsible for how they do this. There is a reason she chose your brother rather than you and that will be a big factor in his defense to continue to be her POA.

One big issue is if "Mother's Come Save Me" is accurate or is a sign of her dementia or an attention getting action. If she has been diagnosed with dementia since signing the POA then trying to get it changed will not be easy as she is now incompetent. You'd have to have a court hearing if your brother contests the change and need an attorney for this.

What legal have you gotten done for her? Do you have a copy of what was done?

With my mom we did the 4 forms: DPOA, MPOA, conservatorship/competency & codicil to her will in 2002 and
thank goodness as she now has LBD dementia and this couldn't be done.

This really needs an elder care attorney representing you to do anything other than complain. Good luck.

toadballet1 Feb 2011
Unfortunately, this happens more often than most people know. If you have definitive proof that your brother is not following your Mother's wishes, contact the authorities and put a hold on all her accounts, assets, etc. Does your Mom want to transfer her PoA to you? I would recommend it. Then check all her accounts for inconsistencies.
This happened to me until I finally got Mom's PoA and put and end the the pilfering.
good luck

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