MY dad is terminally ill and has a bank account with his sister’s name on it. She is stealing his social security and pension. Where do I get help?

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MY dad is terminally ill and has a bank account with his sister’s name on it. She is stealing his social security and pension. Where do I get help?

My dad lives in Florida. He is in hospice. My aunt has also got the title to his truck and is selling it! Dad is moving to Indiana with me because she tried to have him put in a nursing home. He trusted her to take care of him and help with his bills. All she has done is pocket most of his money and she refuses to take care of him anymore, she called me to come get him. She then called me and said she would not switch his bank account up to Indiana, it would take her until August. My brother then called me and told me he believes she has already withdrawn all his SS check and pension check ..i

Asked on June 22, 2009 under Business Law, Indiana

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 14 years ago | Contributor

Okay,

1. Is it a joint bank account or does she have power of attorney?

2. Has he been declared incompetent?

3. If he has two grown children, why did he have his sister on the account?

4.  You need to contact the following immediately:

             a. the police; and

             b. a family attorney -- try www.attorneypages.com and check his or her record at the Indiana State Bar.

Really, absent having your father sue her in court himself (i.e., if the amount is less than the cap allowed by your state's small claims court), the above is what he can do.


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.

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