After my aunt’s long-time live-in companion’s health began to decline, my sister and her unemployed family reentered my aunt’s life after a five-year absence. Within a year, my sister managed to get my aunt, who was over 90, to change her estate plan and secure a Power of Attorney in my sister and her family's favor. She isolated my aunt and convinced her that others were after her money, despite being the only family member who ever asked for money and then took advantage of her by committing financial elder abuse. My sister forged checks and charged my aunt substantial amounts for errands, ultimately totaling $1,800 every two weeks in cash.Both my sister and her husband were unemployed at the time, and once they secured a significant share of my aunt’s estate, they took her to a doctor, had her declared mentally incompetent, physically forced her into a locked facility against her will, and then moved their daughter and her girlfriend, rent-free, into my aunt’s $2.5 million home in La Cañada Flintridge. Desperate, my aunt pleaded with me to help, so I used my credit to spend over $50,000 to get her released and successfully petitioned the court to assign a conservatorship, halting the theft.We now have proof that my sister isolated my aunt, stole money, took over her home, sold her assets, and remodeled her own home, including adding solar, and bought new cars while profiting from my aunt’s vulnerability. Despite my attempts to involve APS and local law enforcement, they have done nothing. There is deposition testimony showing theft and undue influence, as well as evidence of forged checks, yet no criminal charges have been filed. I don’t know who else to turn to—continuing to pay lawyers for what should be prosecuted as a criminal matter isn’t sustainable. Any advice?
Your Aunt is in care now.
No one puts someone in care to SAVE MONEY. Memory care is extremely expensive. That's just my opinion. If the POA placed an aunt with dementia in care then I think that is likely the best place for her, and it will make short work, almost certainly of any money she has.
If you continue to hire attorneys they will be happy to take your money, but it sounds to me as tho you have taken what action CAN be taken and you were not successful. It is time to decide what mountain you wish to die upon, and whether or not this is the one.
I wish you the best.
You also say that a deposition was done - who was deposed, and how, and what was done with it? I would also speak with whoever received the deposition and ask what the status of this case is.
But you need to bear in mind, if any deposition was turned over to the authorities, there might very well be an investigation going on that you are not privy to. Investigators will often do "behind the scenes" work in the beginning stages of an investigation - bank records, business records, medical records, etc. - without letting anyone marginally involved with the subject of the investigation know, so there is no threat of "leaks". If there is a criminal investigation ongoing, you are not necessarily "entitled" to know all of the ins and outs of it, advocating for your aunt notwithstanding.
Why are you paying a lawyer to ensure a criminal investigation will be done? Unless you are the person accused of a crime (and I am NOT insinuating this!!), there is no reason for YOU to pay anything out of pocket for a criminal investigation/prosecution. If some lawyer has talked you into this, then I'm afraid you're being taken advantage of.
What was the court's reaction to all of this information (proof you say you have) when conservatorship was assigned?
www.agingcare.com/articles/how-to-handle-alzheimers-disease-lying-144204.htm