What can be done if my brother abused his power of attorney over my mentaly ill mother’s money?

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What can be done if my brother abused his power of attorney over my mentaly ill mother’s money?

He has spent at least $50,000 of my mom’s money on himself and his girlfriend (a motorcycle, jet ski, bars, liquor stores, restaurants, his girlfriend’s apartment, girlfriend’s car and $20,000in cash withdrawals that cant be accounted for). The police tell me there is nothing that they can do since he had POA. I want him held accountable for what he done, but how?

Asked on October 21, 2010 under Estate Planning, Colorado

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

That is absolutely not true.  A Power of Attorney is a fiduciary position and an abuse of the fiduciary power can indeed be prosecuted.  What one of you needs to do is to become the conservator of your Mother and your Mother's estate or her guardian as soon as possible.  Once you are placed n that position by the court you can take whatever steps are necessary to sue your brother for the money that he stole - he did not use it on you Mother so he stole it - and you can even press the authorities to consider charges.  I would consult with an attorney in your area.  Good luck.


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