Legal Question in Elder Law in Washington

Brother took, Cash, Will,Documents from Mom

My brother is POA for my Mom who is 80 years old. She broke her wrist last January and lived with my brother til March. He took a large amount of cash, Will, financial documents from her home. He has not returned it to Mom now that she is back home. My brother put the cash in a bank account under his name only. Mom is afraid to ask for it back. I would like to see the POA document and want to know what he is doing with her cash assets. As I have reason to believe he is rearranging her other accounts in which she also has large sums.

What disclosure am I legally entitled to as a sibling and daughter? Can I ask to see the POA paper? Can I ask what he is doing with her accounts?

I am very concerned. Because I don't know my legal rights I am not sure what direction to take.

Please respond soon.

Thanks,

Sandra


Asked on 5/23/07, 1:19 pm

3 Answers from Attorneys
Merry Kogut Key Peninsula Law

Re: Brother took, Cash, Will,Documents from Mom

Please see my response to the prior email on the same topic or contact me:

[email protected]

253.884.8484

What your brother did is illegal.

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Answered on 5/23/07, 2:34 pm
Merry Kogut Key Peninsula Law

Re: Brother took, Cash, Will,Documents from Mom

Here is what I replied before:

You should ask him to see the POA. If he doesn't agree to give you a copy or show it to you, I would be suspicious. You should also speak with your mother, of course, if she is still cogent.

If you are suspicious for this or any other reason, the best thing for you to do is contact Adult Protective Services, which is part of the Department of Social and Health Services. You can start with calling 1.800.ENDHARM and get the right number for your county from them.

Even if your brother has a POA, he could be mishandling your mother's finances or not taking adequate physical care of her.

If that is the case, the next step would be to start a guardianship action and have the POA revoked and/or have another person appointed as either representative payee (for finances) or guardian (for personal decisions).

For more information about POA's, look at chapter 11.94 RCW. http://apps.leg.wa.gov/RCW/default.aspx?cite=11.94

For more information about guardianships, look at chapter 11.88 RCW. http://apps.leg.wa.gov/RCW/default.aspx?cite=11.88

I handle guardianships in Thurston, Kitsap, Mason, and Jefferson Counties. Let me know if I can be of any assistance.

One more thing - if your mother is in IMMEDIATE physical or financial harm, call the local police or sheriff's office. I know of some real horror stories.

Merry Kogut

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Answered on 5/23/07, 2:36 pm
Elizabeth Powell ELizabeth Powell PS Inc

Re: Brother took, Cash, Will,Documents from Mom

Ms. Kogut's advice is SPOT ON.

Elizabeth Powell

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Answered on 5/23/07, 2:46 pm


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