If you're an agent under a joint power of attorney and the other agent is keeping rent money from the principal (mother), legally what can I do?

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Keta2019 Asked May 2019

If you're an agent under a joint power of attorney and the other agent is keeping rent money from the principal (mother), legally what can I do?

Original power of attorney was daughter but brother would not give access to get the Power of attorney document.

He changes it to just him and I explain to mother what that means.

Mother then has me redo and I put both of us on power of attorney.

The son / brother renting property out and not putting funds into mothers account

Elder Abuse Elder Law Power of Attorney (POA)

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score 1 · Answer 1

Yes he can be prosecuted for financial exploitation of a vulnerable senior.

Have you talked to an attorney?

I would personally go to the police station with documentation in hand and say "HELP!"

is your mom receiving any financial aid?

You could always talk to them about the missing funds, they would go after his exploitation of your mom.

I am sorry that your mom is being robbed by her son, that is just rotten to the core.

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score 0 · Answer 2

Talk to the attorney that made the new POA and ask him/her what to do or if he/she knows of a good elder law attorney. The fact that your brother changed the locks on your Mom's house and mobile home when he was not POA could be considered Elder Financial Abuse--but that is rather "iffy". The problem is that your Mom has been "fixing" your brother's problems for years and he could state "Mom would have wanted me to do ____________". What relation is your brother's sister in law to you?

When you state, "He has been doing as the POA states by both of agreeing and making decisions."; do you mean that since the POA was changed to "Joint POA" that your brother has been talking to you about every decision?

In regards to "no deposits made into any accounts", where is your Mom's Social Security benefit being deposited? With the Assisted Living facility? Who is your Mom's Social Security Representative Payee since SS does not accept POA?

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score 1 · Answer 3

Can you give us more information regarding the rental property situation? Is the rental property title and the rental agreement in your Mom's name? What do you mean that "brother would not give access to get the Power of attorney document"? Was the POA document in a safety deposit box? Did your Mom use an attorney to change her POA from your brother to you and your brother jointly?

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The rental property is still my mothers property. There is a mobile home next to my mothers house that's use to rent monthly to someone. My mother moved from her home to assisted living place. My brother changed the locks to moms house. The original POA was in a desk in her house. The original POA stated that I was the only agent in POA. The reason she went to assisted living was because her mind was getting bad. Memory and understanding. After she went to assisted living place, my brother went and got another POA without me on it. When we found out it had been changed, my son explained to his grandmother that only my brother could make decisions for her and l could not. We then took her to a attorney to change back. She had a good day and could understand what's going on. My son recommended that we do a joint POA just to keep checks and balances on my brother. He has been living off of her for years. She's paid his rent, bought trailers to live in and almost lost the farm to keep him out of prison for a drug convection. He has been doing as the POA states by both of agreeing and making decisions. The mobile home was going to get sold but it sat empty for months. We then find out that my brother has let his sister in law move in. Since that has happened, no deposits have been made in any accounts. No discussion to let person rent. He is operating on his own not following the POA. My mother is now 95 and doesn't know anyone. It's a terrible situation. Can he be charged with elder explotation?

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If you're an agent under a joint power of attorney and the other agent is keeping rent money from the principal (mother), legally what can I do?

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