Legal Question in Elder Law in Arizona

We suspect that my husband's mother has been a victim of financial elderly abuse/fraud by her son-n-law. We just found out that he took power of attorney last year (she agreed, she trusts him).We are taking steps to get proof of illegal financial activity, but this is all occurring out of state. This weekend, we will drive to Arizona and go to the bank to get this proof. Our assessment is that he took her savings so that she would "qualify" for state help since she is elderly and has dementia. My question is: if he indeed has done what we think, can we sue him above and beyond what he has taken from our mom?


Asked on 1/14/14, 9:50 am

1 Answer from Attorneys
Donald Scher Donald T. Scher & Associates, P.C.

The best way to proceed is to petition the court to appoint you or your husband as guardian and conservator of your mother. As such, you will have legal authority to make all decisions for her, both personal and financial. In addition, you can ask the court to require the son-in-law to report/account for her money and what he has done, and if you prove he exploited her, the court can penalize him, order him to repay her money and pay damages to her estate. Consult with an experienced probate attorney.

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Answered on 1/14/14, 1:59 pm


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