what to do if abuse of power of attorney is suspected.
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
what to do if abuse of power of attorney is suspected.
My Mother had a stroke and cannot handle her financial
affairs. My brother and I suspect my other 2 brothers one of
which is POA of mishandling her bank funds. What options do
we have to make sure they are spending her funds properly?
Asked on June 5, 2017 under Estate Planning, Ohio
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
You can bring an action in chancery court to have her declared incompetent and have someone (you or the brother who is also concerned about her; not the other two brothers) appointed her legal guardian and to also have the POA revoked by the court. Then as her guardian, you can look into what was done by the brother with the POA and if necessary take action to recover any money improperly taken or used by him.
This sort of action is not a simple one--it's much less common and more procedurally complex than, say, a suit in small claims court. You are strongly advised to retain an elder law attorney to help you.
You will also need medical evidence of her incompetence. The attorney can guide you in the type of evidence to get.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.