what to do if abuse of power of attorney is suspected.

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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 3 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.


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