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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 118075
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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Please help me!! I am one of three children and my father is

Customer Question

Please help me!! I am one of three children and my father is 94 and is in the final stages of his life (beginnings of organ failure and dementia) and is in a nursing home. my older sister is power of attorney for my father, although, for medical situations,
all three of us are to be involved in those medical decisions should my father become physically and/or mentally incapacitated (which he is). My older sister (who resides in Florida) and I do not speak and have not spoken for several years. My older sister
lived with my father for several years completely free and over time basically took everything and anything of value and gave it to her daughter. Over the past 4+ years my older sister has used my dad's money for airplane trips, and other things, including
money for her daughter, and two nephews. she has refused to share any information with me or my younger sister, saying it is none of our business, that she is power of attorney and she can do what she wants. My sister sold my father's home for $135,000 She
collects his monthly social security at approx. $1900 She collects his monthly pension at approximately $300 My father had a few thousand shares of GE stock (broker is Bank of America) - I recently discovered all of that has been cashed in by my older sister.
again, however, she has given no accounting to either myself or my younger sister. my father's will states that all proceeds from his estate are to be shared 1/3, 1/3, 1/3. I realize my father is not as yet deceased, but we have been given no accounting of
this money and know nothing about it at all. I also know that my dad has a life insurance policy as his only remaining asset. I believe the face amount is $22,000. As I stated previously, prior to the sale of his house by my sister all of the belongings in
my dad's house have disappeared. my younger sister and I are concerned about what happened to the money/assets, and material effects that belonged to my Dad. we are also concerned about my older sister changing the beneficiary information on the life insurance
policy and if she can legally do that. would an attorney represent me to make my older sister make these disclosures? can she legally change the beneficiary data on his life insurance? as to his medical condition, I see my father weekly, and saw him last evening
and he was practically unconscious, lethargic, unresponsive, and curled up in a fetal position. In checking it was confided to me that my older sister had approved of him being put on a drug "cocktail" of morphine and adavan, to "hasten a compassionate death".
Base on his condition I may agree with this, but to be excluded and not informed is against my Father's wishes. my question is this. can I file a civil suit or some other legal action against my older sister to force me to provide me with a complete accounting
of all the finances related to my father? I know I need a lawyer but about all the financial comings and goings? do I need a forensic accountant?
Submitted: 2 years ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Not only do you need an attorney, who will be the one to engage the accountant, you need to notify Adult Protection Services because her self dealing and taking his money for her personal use or her family's use is THEFT and Financial Abuse of the Elderly and it is a crime that can get her put in jail.
So you can take criminal action against her in addition to removing her as POA and also suing her to return all of the money she has taken by theft/fraud from your father (in fact that type of suit cannot be discharged in bankruptcy because she obtained the money by fraud/theft/deceit).
So you have two things her. Getting an attorney and suing for breach of fiduciary duty and self dealing and to recover his money and also filing a criminal complaint of financial abuse of the elderly with Adult Protection Services and seek to have criminal charges pursued against her.