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RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 42241
Experience:  Texas lawyer for 30 years in Estate law
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Maybe you'll help. My Mom is 95 and has moved to a memory

Customer Question

Maybe you'll help. My Mom is 95 and has
moved to a memory section of her hi rise for seniors. I would say dementia. She has about 900,000 US in stocks and bonds. My Dad (now passed away) used to fish with an attorney who he liked so he had him do their Wills, etc. Now the old attorney has retired and given his son - who is not an atty but a cpa, all of Mom's records. Mom likes him and gave him her power of attorney. BUT - there is trouble between us 3 siblings. the power of atty allowed my sister to go to Mom's and clear out everything she wanted and moved it to her home in Denver. When my Mom gave me her hold Chevy this power of atty made her give my brother $9000 and my sister $9000 so it would all be even . . . .. etc. etc. Now he has her
checkbook but she has to sign the checks. It's become a mess. Mom agrees with whoever is talking with her at the time - she thinks this guy is taking care of her. And I guess he is but it's not being done fairly. Any ideas?
Submitted: 1 year ago.
Category: Estate Law
Expert:  RayAnswers replied 1 year ago.

Hi and welcome to JA. Ray here to help you tonight.

You need to report this person to adult protective services.He has exploited your mother and taken advantage of her in my opinion.You need to consider applying for guardian of the person and estate..A guardianship here trumps the POA. Guardian can manage finances and also sue if necessary to recover lost assets.These are your options here in Texas.

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Expert:  RayAnswers replied 1 year ago.


Lawyer referral if you want to file for guardianship

I appreciate the chance to help you tonight.Thanks again.

Expert:  RayAnswers replied 1 year ago.

Exploitation includes illegal use of a senior's resources for monetary or personal benefit, profit, or gain. Seniors may need help with their finances, but unless they hand control over to another person, they have the same right as anyone else to receive, spend, invest, save or give away their money. A family member, "friend" or nursing home may not take control of a senior's money without that person's permission. Here the CPA sure fits into that mold.

I hope you will report this and consider guardianship of your mother.

If you can positive rate when we are through it is always much appreciated.