The youngest brother was given poa by the mother after her husband suffered two major strokes. The brother has abused this power from day one, but the mother would not do anything about it. Now the mom has passed, and the family would like to take away the poa because there are indications that the brother as taken all of the retirement money, put $170,000 reverse mortgage on the house and has control of the fathers' Social Security benefits. The father lives in poverty while the brother and his family have no financial worries. Can you point us in the right direction to get this stopped?
PLEASE contact your nearest Area Agency on Aging.
Tehy usually have at least one day per week when a free lawyer comes to their office, and people can schedule appointments to ask their questions. IF the lawyer cannot handle it, they will refer you to someone who can.
ALSO, there are usually free or low-cost legal helps for those in military [separate from public],
or agencies that help those on low income...they are tougher to get hooked up with...usually, these might be paralegals or such who help those on limited incomes get help they need.
What that brother appears to have committed, is several kinds of fraud.
Social Security REALLY hates being defrauded...!
First, it needs to be proved. There need to be records that show what money the dad had, or got from retirement funds, Social Security, etc.
Also, where does he live, and what are his bills.
Also, bank records showing transactions over the last period of time the brother has been doing this stuff--bank records may need subpoenaed, since other family are not the POA, and the POA may have otherwise destroyed or prevented anyone else from accessing them.
But records are necessary, to prove he did wrong.
Since it is assumed brother's POA stopped with Mom's death, NO one has a real POA from the time of mom;s death, on...unless brother managed to get a lawyer to help him get a new POA when Mom died.
You seriously need legal help to solve this,
or, you need to be willing to 'walk away' and drop this off your stress radar.
It's a very tough issue that so many families face.
Many have chosen the legal battles, and others choose to walk away from that battle, because it is not worth the financial and emotional stress.
In my situation, my sister thinks she's getting back at me but her actions have caused her to be sued also. What a moron. It is disgusting what families do to each other.
That's the situation we're in, only in our case it seems that the person(s) with the power is/are just biding their time, secretly keeping tabs on things while waiting in the background to try and take over after there's no chance of them having to get their hands dirty with any actual caregiving responsibilities.