When visiting my Mom at the hospital after heart surgery , I walked in to witness my brother asking her to sign Health Proxy documents. The day before she had been deemed " not of capacity". I asked him what he was doing and he ran out of the hospital before security could stop him. My dear mom had no idea what he had asked her to sign. The incident was reported immediately to nursing staff. Is what he attempted to do illegal or just unethical ?
Thank you
Does your Mom already have a Medical Power of Attorney where someone represents her in the decisions to be made, and a financial Power of Attorney where someone helps manage her finances, pay her bills, etc? If not, once Mom gets out of the hospital and rehab, on the road to recovery from heart surgery, she needs to get the necessary legal documents in place in case there is another medical situation.
It should read "unethical".
"... about 1 1/2 years ago when my Mom was in rehab for a another health issue he approach her while disoriented has her sign a POA and a Quit Claim Deed . So he has essentially taken everything!"
What a SKUNK!!! Looks like he wants to be in charge of her healthcare decisions so that he can "pull the plug."
How is it going with contesting the QCD (from 1.5 years ago)? I hope you have hired an attorney?
The quitclaim deed is likely unenforceable because it likely was not executed in front of a Notary. If your brother got a Notary to do some funny business after the fact, every Notary has an identification number and you can sue him/her for negligence or misconduct.
Depending on how much money your brother stole, I would consider talking to an attorney about filing a legal action against the bank where the accounts he cleaned out were. How he managed to get that money without being POA is a mystery. If he forged the paperwork, he and anyone who helped him belong in prison.
It's time to play hardball.