Elder financial abuse.

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Furious7 Asked May 1, 2024

Elder financial abuse.

I don't know what to do right now. I have a family member who has POA. This person is using some of the principal's money (mother) personally rather than for the principal. I am working with an attorney, but I don't want to sue the agent because I would use up all of the principal's money to do it and may not win. I am also suspecting that the agent also used my dead father's money before he died. I want to call elder abuse. Can anyone share their experience with elder abuse?

Elder Abuse Elder Law Frauds & Scams Power of Attorney (POA)

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score 0 · Answer 1

What do you mean that you would "use up all of the principal's money to sue an agent?"
You have no right to use ANY of the principal's money. You are not her POA. You yourself could get in a huge legal mess and I seriously doubt that any attorney would take such a case.

If you have PROOF of elder abuse, or that the POA is not acting for her principal, then you should report this to APS who has the POA to examine the records of the POA.
You, yourself, have NO RIGHT to these records.
They are private.
If the principal is competent she can change her POA at any time with a simple visit with her attorney.

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Sorry for the confusion. A trust was not set up after the dad's death. I was trying to set up the trust and found some incriminating spending.

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score 0 · Answer 2

How do you know the PoA is using the money for their personal use? It has to bre more than a "suspicion". Take any hard evidence to your attorney and they will assess whether you have a winnable case or not. Suspicions don't add up to anything legally, so if you think the same PoA also financially abused your Dad, not sure if anything can be done about it postumously unless there was an inheritance or continuing trust perhaps.

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score 0 · Answer 3

Elder protective services may do an investigation if your suspicions have some merit to them. Tell them everything you know. If you don't have substantial proof however, it may not lead anywhere. Call them, it won't hurt, save any relationship you have with your family member, but I suspect there isn't a positive one currently anyway.

You are right, if you elect to pursue it with an attorney, it is going to cost a significant amount, and if mom and POA are close and on the same page, you very well might not get anywhere with that.

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score 1 · Answer 4

You are working with an attorney. What does the attorney say? Honestly they are MANDATED reporters of Abuse be it Physical, Emotional/Mental or Financial.
I think a report of financial abuse coming from an attorney would result in a faster investigation.
The other option would be to have the attorney write a letter demanding a full accounting and pay back of any funds that were misused. (The letter might just do it without having to go to court. )
Are you trying to obtain Guardianship because of this?

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Elder financial abuse.

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