My mother passed away May 2012 and I am the executor of her will. She has been associated with her exhusband for the past year. The reason he was an ex, is because of the greediness of his children, and his sneakiness. After her passing, he and his children have refused to furnish me with her bank statements or any of her bills. Now, after receiving her bank statement, I know why. My mother kept twenty thousand dollars in a CD in her bank, along with about twenty thousand in her checking account. For the past two years she had been suffering with dementia, anxiety, and paranoia and was mentally not of sound mind and body. Due to this, her companion was able to tap into all her accounts, and all her money is gone except the amount after freezing her accounts after her passing. His name is on her accounts and he drained all the money out of the accounts, leaving about seven thousand combined in her accounts. I am waiting on a court date to receive the letter of testimony, because I was taken off her accounts to add him. I am in probate court to settle her estate, but not sure if there is anything that can be done about the money he has stolen from her. He did not come to her service and has disconnected his phone, breaking all contact. He and his children went through all my mothers precious valuables, and some of her things are still at his home. What can I do to retrieve the money she meant to bury her? He has borrowed money from her before this, $2,000., and since her mond was not right, my husband and I made a visit to her bank to retrieve copy of check she wrote for his downpayment on his car. The check had been written at least two months before the date, and he conveniently had forgotten to pay her back. Help.......
Was there ever an official diagnosis of dementia? Were you ever given power of attorney? I assume you are the executrix of her will. If this is the case, close her accounts immediately.
If she added him onto her account, then I'm afraid there is nothing you can do about the money taken out. My mother never added her bf to her account but allowed him to bully her into paying lot rent, food, and utilities, and also made her sign IOU's when he "lent" her money after hers ran out before the end of the month. So when she threatened to leave, he told her that she could not move out until she had paid back all of the IOU's or he would take her to court. None of this was true, but she refused to believe me or anyone else, and she stayed until he died. I called Adult Protection Services twice, including once after the manager of her bank branch agreed to help me, but since my mother denied any of it, nothing was ever done.
If you can prove that she added him to her accounts after she was diagnosed with dementia, you might be able to sue the companion. Ask a lawyer about this, of course. However, at the very least, get her possessions out of his home and close all of her accounts. Hopefully there will be enough money left to pay funeral expenses. I'm so sorry that there are such disgusting people in the world who exploit those who are weaker. But if your mother was dead set on making bad decisions for so long, do not blame yourself.
We ended up having all of my mother-in-law's mail go to her daughter to protect her from getting into further financial trouble. Or at least head it off. I am sorry that this has happened to you, how heartbreaking to lose your mom and now this...