What can we do? My sister is the POA to my dad who is dying. She stole his money, there’s a lot of elderly abuse going on. My mother can’t even see him, he only has so much longer to live. We were supposed to go to court for guardianship today January 13, 2022. She had a continuance so she can keep us from seeing him because we don’t have much time. She has been on drugs and it looks like we have no choice but to wait another month to see my father if he lasts that long. I feel like the laws in Nc are so screwed up that they won’t even allow his family to see him even though it’s his dying wish. Is there anything I can do? Or it was either us fighting for guardianship or the state said they were going to take him away from my sister. Because she’s that bad. But for now she decided she was going to Go for a continuation in the courts so it would waste some time for us to see him. We might not have a month left. What else can we do? Please we’re doing everything we can to fight to see my father and for him to see his wife.
Most often it’s the “golden child” doing the abuse and the elder thinks they’ll get them in trouble if they speak our.
Your own attorney could have challenged any continuance, requested injunctive relief, and could have raised the issue of suspected fraud and crimes against an elder.
You need to get an attorney with experience in contested estate planning issues, the broader category of the situation you're facing. Don't get just an elder attorney, get one with litigation experience.
The attorney might recommend (and I would strongly agree) that the immediate course of action is to request injunctive relief, through a TRO (Temporary Restraining Order). This would prevent your sister from any further action or expenditures, if the attorney includes that relief in his Motion.
This would also likely trigger court involvement and supervision, but it seems from your description that this is what's needed to restrain your sister, initiate a (forensic?) accounting, and protect your father's needs
Good luck, and don't waste any time; this needs to happen quickly.
Disclaimer: I tested that phone number to make sure it was correct.
Your sister is bluffing you. D owatever you need to do to get this taken care of even if she never speaks to you again.
Also, she will have to PROVE that SHE has spent the money correctly. Otherwise, she will not only lose POA but be liable under the law.
It doesn’t matter if she has POA or not….she’s not acting in his best wishes. Best of luck to you!
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