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rosebud58 Asked December 2014

My Mom made my "devious" brother both her financial POA and the executor of her estate. What do I do?

She has several real estate assets, as well as 4500 a month being direct deposited into her checking account, which of course has my brother's name on it also. For many reasons it is clear to me that he is using her funds for his own benefit, while she has many debts that will need to be paid at her passing, He is being very secretive about the whole thing, won't tell me much, and I feel at a total loss because there is no one who can be 'the watchdog' in all this. Is there anything I can do besides find a lawyer who will represent me pro bono? (I'm on disability). Here's an example of what I'm talking about: he only works half the year (seasonal job) so how is he supporting himself now that the job has ended? He's about to take his SECOND week long california vacation in less than six months! He could never afford that with his own income! What can I do? Mom is in a nursing home in my state, not the state that my brother lives in, which is also where the revocable trust was made. I've been told I need a lawyer, but I can't afford one. What do I do? Mom is on her last legs at the end stage of Alz. and probably won't be around much longer.

samara Jan 2015
If she is in last stages of ALZ it's far too late for her to be changing her POA and Trustee. You should report this as possible Elder Financial Abuse to the state where your mom lives. You can find the number on that state's website under Senior Services or something like that. Best Wishes and thanks for looking out for your mom.

freqflyer Dec 2014
Well, depending on your Mom's generation, women think men know more about finances and estates, thus the reason they elect to have their son or grandson be named as POA and Executor. It wouldn't matter if there was a daughter or granddaughter who was an attorney or accountant, the son would still be named.

Sometimes people who work seasonal jobs are able to receive unemployment.

I would have an Elder Law attorney look at the Trust, each State has different rules, and you Mom might need to update her Trust for the State that she resides. Check with Legal Aid as they work with clients who cannot afford to pay an attorney.

Hope everything works out.

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