Hi,
While visiting my Mother in Florida, my sister and I discovered several things that my brother has done to keep my Mother's money from anyone but him. He has taken her 401K and tied it up in a Muni for 7 years, two accounts totaling 50K with a death benefit and him as the sole beneficiary. He is an equal signer on her checking and money market. He does not want to use any of my Mom's money for her care; she has Alzheimer's and is living with him and his family. My brother has Durable Power of Attorney, What if anything can my sister and I do to make sure my Mom's $ goes to her care?
2 Answers from Attorneys
Your legal options depend largely on your mother's mental capacity and whether she can make her own decisions. If she lacks legal capacity and soundness of mind which impairs her ability to manage her own affairs, your brother, as named in the DPOA, can make decisions re her financial affairs. You and your sister may petition a local probate court to appoint a guardian, other than your brother, to handle her finances. However, you will need to show the court that your mother's finances are not being utilized to serve her best interest.
Depending on when she signed the DPOA also will determine whether or not you have a case. If she was of sound mind and the DPOA also appoints her son as the preneed guardian then you will be wasting your time and money on a suit. If however, she was in the stages of alzheimers and you know who the physician was, you can find out if she was capable of signing a DPOA. If not, then he could be sanctioned by the courts for undue influence and will need to account for her funds.
Greed is the worst evil. Follow your heart and make sure your mom is being taking care of. I lost my mom a year ago.
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