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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Family Law
Satisfied Customers: 12744
Experience:  Licensed experienced Attorney
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I had POA for my mom Citi bank locked my moms account was a

Resolved Question:

I had POA for my mom Citi bank locked my moms account was a C D account about $85,000 in it mother said it was ok for me to get a motorcycle each week for 4 weeks i took out 5 or 6 thousand dollars the motorcycle was 22,000. my wife and i have taken care of dad 1st for 2 years he bought me a motorcycle before he passed .my wife and i have been 24-7 care for my mom since Nov. of 2012 she is very ill and wanted to do the same as her husband of 60 years had done before . it made her happy help me I've been wronged i dont care if they lock the account as long as my name is XXXXX XXXXX rather than the bank or a court appointed conservator help me please im not a bad guy might not look right to most but i swear no wrong was done ps worked for my mom & dad for 40 also.
Submitted: 9 months ago.
Category: Family Law
Expert:  Alex J. Esq. replied 9 months ago.
Hello. My name is XXXXX XXXXX X will be happy to answer your question.

I am sorry to hear about your unfortunate situation.

What is your specific legal question for me?
Customer: replied 9 months ago.

i would like to stay as POA or can you tell me they have taken full control of moms money i dont want to touch it but still...

Expert:  Alex J. Esq. replied 9 months ago.
Dear XXXXX,

Thank you for your follow up.

Do you have a durable POA?

When was the POA issued to you by your mother?

Does your mother suffers from any mental or other conditions that would effect her competence?
Customer: replied 9 months ago.

yes by my mom , and yes has been on hospice and now is in mental decline

Expert:  Alex J. Esq. replied 9 months ago.
Do you have a durable POA?

When was the POA issued to you by your mother?
Customer: replied 9 months ago.

Durable POA under Probate Code Section 4120 et.seq. of the state of California date 9/27/11

Expert:  Alex J. Esq. replied 9 months ago.
Dear XXXXX,

Thank you for your follow up.

The banks have to report any type of suspected elderly financial abuse to the state agency in charge of protecting elderly people and even if you had a durable POA for your mother CD, you could only use this CD for your mother's benefit and not for your own benefit.

Unfortunately, this is a serious situation and not only the state will likely refer this case to the probate court to establish a legal guardian for your mother who would be in charge of her finances, but also the state might investigate this matter and potentially pursue older abuse charges against you, if it is determined that you have used your elderly and incompetent mother's money for your own benefit.

I would suggest that you do not discuss this matter with anyone and speak to a local elder law attorney and do not say any statements or say anything to any state investigator or law enforcement without your local attorney present, as anything you say can be used against you to pursue criminal and civil action against you.

You can find an experienced local elder law / criminal defense attorney by using this well trusted and reliable attorney information / referral websites:

www.martindale.com

www.lexmundi.com

www.lawyers.com

www.justia.com

I wish you the best of luck and please let me know if you have any related follow up questions.

Alex J. Esq., Attorney at Law
Category: Family Law
Satisfied Customers: 12744
Experience: Licensed experienced Attorney
Alex J. Esq. and 16 other Family Law Specialists are ready to help you
Customer: replied 9 months ago.

can i give the money back

Expert:  Alex J. Esq. replied 9 months ago.
Dear XXXXX,

Thank you for your follow up.

Unfortunately, simply returning the money would not solve this unfortunate issue and at this point you do need to hire local attorney to represent you and to help you resolve this issue.

I wish you he best of luck!
Alex J. Esq., Attorney at Law
Category: Family Law
Satisfied Customers: 12744
Experience: Licensed experienced Attorney
Alex J. Esq. and 16 other Family Law Specialists are ready to help you

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