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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 22668
Experience:  14 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 24+ yrs
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What can I do if my mother has power over attorney over my

Resolved Question:

What can I do if my mother has power over attorney over my grandmother s finances but she has psychological issues and a gambling addiction? She has taken all of my grandmothers money, maxed out her credit cards, etc and now there is a treat that she will lose the house bc of back property taxes. Who can help and what can I do?
Submitted: 8 months ago.
Category: Legal
Expert:  Barrister replied 8 months ago.
Hello and welcome! My name is XXXXX XXXXX I will try my level best to help with your situation or get you to someone who can.
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I am very sorry to hear that mother has taken advantage of grandmother by using her personal money on herself.
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The first thing that should be done is grandmother (GM) should terminate the POA by delivering a written revocation signed and notarized to mother revoking her power to act under the POA. GM should also make copies of the revocation and file one with the county clerk's/land records office as well as giving a copy to any financial institutions where mother may have used the POA.
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GM could then contact an accountant or CPA to hire them to assist with paying bills and managing her money to ensure that everything continues to be paid.
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As for recovering the money mother has spent, honestly, the only way to do so would be for GM to file suit against her for fraud and embezzlement. But if mother doesn't have any assets due to her gambling addiction, then it is unlikely that GM would be able to recover her money. GM could also file criminal charges, but apparently that is something she doesn't want to pursue.
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So at this point, it is really up to GM as to what actions she wants to take to try and recover her money if it is realistically possible. If GM is incapacitated, someone could talk to her and see if she would agree to a voluntary guardianship, but whoever was appointed would then be responsible for her care and taking care of any finances. If all the family is out of state, this might be a difficult option as well.
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I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers, even when an answer is not favorable to the customer.

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Thanks
Barrister
Customer: replied 8 months ago.

I needed to know if there are any programs that can help my grandmom with the property and the house bc as I stated her money is gone and sois mine after dealing with my mothers aaddiction. She obviously cannot afford an accountant

Expert:  Barrister replied 8 months ago.
There may be local agencies like "Community Action" that can help depending on what city she is located in. This is a link to the local agencies who might be able to help or refer her to someone who can:
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http://www.nj.gov/dca/divisions/dhcr/offices/caalist.html
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I would also contact the Property Tax office to discuss the problem with them to see if they might have some type of payment plan or assistance available based on the circumstances. They might be able to set up some type of payments so that GM could pay off the taxes over time rather than all at once.
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Thanks
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 22668
Experience: 14 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 24+ yrs
Barrister and 6 other Legal Specialists are ready to help you

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