Legal Question in Wills and Trusts in North Carolina

My father authorized one of his nephews to take care of all of his financial affairs (pay all his bills, ect). My sister and I think that this person may be stealing some of my father's money but we have no way of proving this or finding out if he really is doing something dirty.

Is there a way to monitor this person's activities without him finding out about it? What legal steps can I take to end this person's relationship with my father, even if he is not stealing? My father is in frail health and living at home. He has a Power of Attorney with his granddaughter but she is close to his nephew and they are working together in taking care of my father's estate. My father and I are not close and he left me "out of the loop" in dealing with his financial affairs, but I hate to see others take advantage of him. What can i do?

Asked on 8/09/11, 3:20 am

1 Answer from Attorneys

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I think you posted the question already although you have now changed the facts slightly.

You can do nothing as you do not have control. Either get a power of attorney over your father (assuming he is mentally competent although from your post that is not going to happen) or file a guardianship proceeding and get appointed. Then you can control who your father sees or doesn't see by getting a restraining order if necessary.

You still do not tell me anything to justify your "belief" that these people are stealing. If you had proof, you could contact the police, and it would be up to them to pursue criminal charges. If your father was neglected or abused, then you might also be able to advise the police of that (it is a crime) or to contact the local DHHS department on aging. Civilly, you can do nothing because you are not the guardian or power of attorney. Only that person would have the ability to demand an accounting and sue the prior power of attorney for any misfeasance if they caused any financial loss.

You have been cut out and appear to be angry at that so you are grasping at straws and placing the blame on these people because of your lack of relationship with your father. As painful as this is, your father does not want to involve you and I don't see why this is any of your concern. He made his choices. Now let it go.

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8/09/11, 10:44 am

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