Legal Question in Elder Law in Mississippi
Financial Abuse and Power of Attorney
My father lives in MS, I live in CA. A caretaker has gotten power of attorney and is getting his retirement funds and is not paying any of his bills. He is in a nursing home and she took him out to sign a deed to property to that is willed to his children. (He is not able to make these decisions). Because of the distant it was difficulty to monitor the situation. What recourse does that family have? She has drained my father bank account and he do not even have funds available for a burial services. Does a person with a power of attorney have to account for the funds used? Does a power of attorney have to be filed with the county court.
1 Answer from Attorneys
Re: Financial Abuse and Power of Attorney
A family member can petition the court to appoint a conservator. The conservator can then if necessary sue the caregiver. Also, there are criminal laws against elder and vulnerable adult abuse. Usualy they relate to gross neglegence or intentional injury. Lastly, there are laws against embezzlement.
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