What do you do when siblings go around the POA's back and take money from parent's account by tricking the parent who has dementia?

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Garylsj Asked February 2022

What do you do when siblings go around the POA's back and take money from parent's account by tricking the parent who has dementia?

They took them to the bank and convinced her she needed her own account with no one else on it. Had her take out a $100,000.00 cashier's check. Said they would set her account up and send her the new checks. What legal options are there to get this money back in my parent's account?

Elder Abuse

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score 0 · Answer 1

Sounds like mom was cooperative and willing to make the withdrawal at the bank. The bank probably has a recording of when this happened. Maybe the tape shows obvious coersion, or maybe not. If mom tells APS or the police that it was ok that sis has the money, then there really is nothing that can be done. Have you talked with an elder law attorney? That may be your only recourse.

Has the POA been activated? Read it. It may require diagnosis by two doctors for it to become active. Do you have that?

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score 1 · Answer 2

You press charges.

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score 0 · Answer 3

Call the police for exploitation of a vulnerable person, and call the bank to let them know that they have a big problem.

I hope you have a written diagnosis of dementia to back this up, because otherwise you'll have a difficult time proving your LO wasn't competent.

And who was the cashier's check made out to?

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score 0 · Answer 4

Took out a cashier's check in whose name?
Is your parent demented or diagnosed with dementia?
Who is the parent's POA?
This is fraud, and elder fraud at that and is reportable to the police and to APS. Call APS today. Let them know you have a 100,000 fraud emergency on your hands. Let them know all of the details. Good luck.

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My sister and her daughter took my mother to the bank. The withdrawal slip has my mother's signature on it. I do not know anything yet, I cannot get anyone at the bank to talk to me. I sent the lady at the bank that helped get me on their account several years ago a copy of the POA. I have tried several times today, but her and the manager are on the phone every time I call. Understanding my mother has dementia, I asked her about it. She said the bank teller was telling her it was better for her to open her own account with no other people on it so she could have access to her account at all times. I kind of doubt this was the case, rather my sister or niece urging her to do this.

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