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Attorney2020, Attorney
Category: Estate Law
Satisfied Customers: 2579
Experience:  Estate planning and wealth preservation attorney.
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My brother has POA over our mother who had a stroke which

Customer Question

My brother has POA over our mother who had a stroke which paralyzed her and took her voice. She is living in a group home which is paid for by her long term care insurance. Meanwhile my brother is spending her SS plus her investments on his personal gain.
He lived in her home for 10 years free and trashed the house, moved out without contacting me so long time neighbor called to let me know he had left over 6 weeks before. I went to house to secure it and it was trashed (have photos). what should I do now?
Submitted: 2 years ago.
Category: Estate Law
Expert:  Attorney2020 replied 2 years ago.

The only option would be to file a complaint in court against the brother for breaching his fiduciary duty at POA and seek an injunction and all monies wrongfully spent. The court has the power to eject this person as POA. The only other way to prevent any further wrongdoing is to hope the brother voluntarily stops upon request.

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