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Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 33791
Experience:  15 yrs estate law, real estate. Wills/Trusts/Probate
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My mother lives in Arkansas and is married. My siblings and

Customer Question

My mother lives in Arkansas and is married. My siblings and I need to get power of attorney papers over her health and finances. We know that our stepfather doesn't have her best interest at heart, doesn't want to follow her health care wishes (DNR, no blood transfusions ), is misusing her money and most likely forging her name. We believe he forged her name on POA papers in March, we know that our mother hasn't been to write her name in over a year. We also need to know what steps to take to get all financial records and what we need to do in order to get her money back.
Submitted: 2 months ago.
Category: Estate Law
Expert:  Barrister replied 2 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Is mother still legally and medically competent?

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thanks

Barrister

Customer: replied 2 months ago.
Expert:  Barrister replied 2 months ago.

Ok, then if she is still legally competent, then she can revoke her husband's POA by simply signing a written revocation and having it notarized and then delivering it to husband. If she is unable to sign, she can direct someone to sign for her in front of a notary and it would be considered valid.

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Then she can execute a new POA giving you authority over her finances and also a Health Care POA giving you power over her medical care if she becomes unable to make her own decisions.

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Once you have a POA in your name, you can request any financial documents from the bank to review for anything improper. But if she is married to stepfather, then their assets are marital assets and unless he is taking her separate money that belongs solely to her, it may be difficult to get anything back.

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But if he is raiding her separate assets and spending the money on himself, you could sue him as her POA and then get a judgment against him to force him to repay her for any stolen assets.

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thanks

Barrister

Customer: replied 2 months ago.
The funds are from her first husband life insurance policy, so not marital assets.
Expert:  Barrister replied 2 months ago.

Ok, then if the new husband is stealing those funds and using them on himself without her permission, then if she gives you a POA, you can sue the husband for theft and "elder financial abuse" and get a judgment against him forcing him to repay her.

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Or you can contact the local DA and file a criminal complaint for elder financial abuse and see if they will file a formal criminal charge against him... They may or may not since they are married and he has been operating with some kind of POA that the bank is recognizing.

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So the first step here would be you getting a financial POA and a medical POA from mother and her revoking any existing one with husband.. Then you have the power to investigate and take whatever action is necessary to get mother's money back..

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thanks

Barrister

Customer: replied 2 months ago.
Can he be sued for forging her name?
Expert:  Barrister replied 2 months ago.

Sure, if he did so to steal her money, then that is fraud, misrepresentation and identity theft. All of which are also criminal offenses too.

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So if you really want to scare him, you can tell him that you are going to the DA to have them investigate this as felony elder financial abuse, identity theft and fraud if he doesn't return the money he took from her..

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But you need to get legal authority to act for mother through a new POA or you are just bluffing because you can't get any financial documentation to prove your claims to a DA otherwise...

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thanks

Barrister

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