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What constitutes elder abuse? South Dakota. My mother is in…

Customer Question
What constitutes elder abuse? ...

What constitutes elder abuse?

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

South Dakota

Lawyer's Assistant: Has anything been filed or reported?

No. My mother is in early stages of Alzheimer's Disease and has been talked into paying thousands of dollars in bills my brother has accumulated. My brother is also in POA for my mother's personal bank accounts, trustee of the irrevocable trust and executor of her will. He has denied the beneficiaries an annual report of the trust accounting which we have a right to see. We have requested a accounting for 2 years and still have not seen one. How do we go to court to get one?

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

We know he has been taking money from my mothers accounts for his personal use and his bills. We have online access to one of her accounts and have seen all the activity over the past 7 years. He does not know we have access to her account. He has put the 5% that my mother is entitled to into a personal account for himself. The lawyer we went to stated that the money needed to be under her name. If she were to pass away, the money would be his then, correct. What do need to do to take care of this. Her money was supposed to be an inheritance for all her siblings.

Submitted: 3 months ago.Category: Legal
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Answered in 2 minutes by:
1/3/2018
Lawyer: Ray, Lawyer replied 3 months ago
Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 46,289
Experience: 30 years in civil, probate, real estate, elder law
Verified

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

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Lawyer: Ray, Lawyer replied 3 months ago

This is elder exploitation a form of abuse.You need to consider calling Adult Protective Services and see if they can help with getting a guardianship.Guardianship can sue the brother here as he has violated fiduciary duties.

Report it here

To Report a case in your area call:

South Dakota Adult Protective Services
Report Abuse of Seniors or Adults with Disabilities:
PHONE:(###) ###-####br />PHONE:(###) ###-####/p>

They also work with law enforcement this criminal here too.They will investigate and may charge him here.They can also help with Guardianship for your mother here , it supersedes a POA.

I am so sorry that this happened to her.I wish you and her the best.

If you can positive rate 5 stars it is much appreciated.

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Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 46,289
46,289 Satisfied Customers
Experience: 30 years in civil, probate, real estate, elder law

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