What to do if my brother has abused his power of attorney of my mother’s financial affairs by taking all available liquidated assets and purchasing himself a pawn shop?

He has instructed her nursing home to not allow me to talk to her. I am in another state. Can I petition the court for a conservator and appear via computer video court from home or request a change of venue?

Asked on February 28, 2015 under Estate Planning, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If your brother has violated his fiduciary duty as attorney in fact and/or otherwise violated the POA, then if your mother is incompetent, you can appy for a legal guardian. (If she is mentally competent, *she* could take legal action against your brother, but you cannot--as a legal competent adult, it would be her choice what to do.) As for how to do this--retain an elder law attorney in your mother's state and let the lawyer guide you--this is not a simple thing to do.


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