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Thomas McJD
Thomas McJD, Attorney
Category: Estate Law
Satisfied Customers: 3170
Experience:  Wills, Trusts, Probate & other Estate Matters
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My brother has DPA with my father who, is in an

Customer Question

My brother has DPA with my father who, is in an assisted-dementia community. He, without me knowing was deemed incompetent about a yr. ago. I go to see him at least once a month along with my step mother who has dementia. My dad told me months ago that my brother told him he took money out of his account that he had a lot of money in the one account and more money in another account. My brother did give my $4100.00 as my dad told him to write me a check for dentures. My brother has other monies that were in both names now in his own name and I know he has had his hands in it. My dad has told me that my brother cleaned out two of his accounts. For a long time I have wanted to be his DPA, but now that he has been deemed incompetent, I will have to get conservatorship over him. This will cost a lot of money that I don't have. I was told that after my brother is found guilty of spending or whatever my father's money that I could receive conservatorship because of what my brother has done with my fathers money.
JA: What state are you in? It matters because laws vary by location. Has anything been filed or reported?
Customer: My dad is in Tn. and my brother lives in Wa.
JA: Anything else you want the lawyer to know before I connect you?
Customer: That my brother has taken money for himself and also gave me some telling me that dad wanted me to have it as being a benificery in his will, and I about a year ago also know that my brother gave money to my sister telling her the same thing. Since he was the DPA we believed him, that was until my dad told me that my brother had closed two of his accounts and taken out over 100,000. of his money. My father's pension, S.S. and payment for his rent for the community he is staying in. Then he sends a check to the community. Why the check is not going straight to the community my dad and I don't understand. I love my dad very much. I am the oldest of 3 and I want to watch out for him. The community he is in, told me to contact Adult Protective services.
Submitted: 8 months ago.
Category: Estate Law
Expert:  Damien Bosco replied 8 months ago.

Hello. My name is***** am an attorney. I will review your question. I may need to clarify facts first. I will answer & we can discuss issues.

Expert:  Damien Bosco replied 8 months ago.

I read over your question. There is much to deal with. Let's break it down so we make sure we cover everything. Are you saying that your brother who has the Power of Attorney converted money to his own use in various ways, meaning he took your Dad's money without authorization and is continuing to do so. Yet, you cannot do a petition for conservatorship because it is unaffordable?