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My mother is the victim of an online romance scam and is…

My mother is the...

My mother is the victim of an online romance scam and is giving away her furniture, clothing and jewelry to prepare to go with this person. She has sold land hat she owned and has taken out a reverse mortgage on her home to be able to send him more money. She refuses to sign over her power of attorney to me. I am concerned that she will be completely destitute when this scam becomes evident to her and it will be too late. What actions can be taken?

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

Texas

Lawyer's Assistant: What steps have been taken so far?

I have requested for her to allow me to have POA and she refuses

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Answered in 2 minutes by:
3/23/2018
Olivia Kent
Olivia Kent, Attorney
Category: Legal
Satisfied Customers: 3,969
Experience: Partner at Kent Law Group, LLC
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Hello and welcome to JustAnswer. My name is ***** ***** I'm an attorney. Please note this site is for general information for educational purposes only and does not constitute legal advice. Communicating with an expert on this site does not establish an attorney-client relationship. You might be offered a phone call, but you are under no obligation to accept; the phone call requests don’t come from me - they’re offered by the site - but if you do want a phone call I’d be happy to do that as well.
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It's terrible watching a family member that you know is being scammed let themselves continue to be scammed. If you have access to her information and can maybe find out who is sending her the correspondence you might be able to at least let that person know that you know and that you're going to be reporting them to the FBI.

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You can also file an action in court to have her deemed incompetent - although to be honest that is unlikely to success since she is NOT incompetent... she can think for herself even though she refuses to believe she's being scammed.

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Customer reply replied 3 months ago
The FBI agent that I spoke with a few months ago informed me that this is the number one internet crime for women over 50 and that it's nearly impossible for them to locate them because of their mobility and ability to change servers and use third party apps so their untraceable.

You can also contact the attorney general's office and report what is going on - and also ask to be connected to the elder abuse services they offer.

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Customer reply replied 3 months ago
What is the likelihood that they would even investigate it?

But, yes, you are 100% correct... I don't want to say it is completely futile - but it is very close to that. A new scam pops up every day - every hour - and if she won't believe her child that she's being scammed there's pretty much nobody she will believe.

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I'm sure they will investigate - but on what timeline is anyone's guess since they have SO MANY other scams to investigate. I wish I would tell you otherwise.

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Customer reply replied 3 months ago
What is the process to gain POA?

The very best you can do for your mom is SHOW HER online that this is a common scam.

A POA is obtained when Person A GIVES Person B that right... A would sign a document stating that they want B to be their POA.

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Customer reply replied 3 months ago
I have done that...showed her how common it is. Even showed her almost a verbatim script to the texts she was getting and she still doesn't believe it. What would a conservatorship do and how do you get that?

The information you're referring to is called adult guardianship and it can be found here: https://hhs.texas.gov/laws-regulations/legal-information/guardianship

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Is there anything else I can answer for you? If you don't need any additional information, if you wouldn't mind, could you please take a moment to submit a rating so that I receive credit for working with you. If you have any follow up questions I would be *happy* to answer them. Experts only get credit for the time and effort we spend on our answers if you rate positively - 5 stars is definitely appreciated but not required! It DOES NOT cost you anything at all to submit a rating; it just allows me to get credit for helping you - otherwise I get no credit at all. You CAN still ask follow up questions after rating. There may be a lag between your question and my answer; this is because I'm either not at my computer or helping someone else but I assure you I will ALWAYS come back and answer your question.

Olivia Kent
Olivia Kent, Attorney
Category: Legal
Satisfied Customers: 3,969
Experience: Partner at Kent Law Group, LLC
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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