My Mom recently died from pancreatic cancer. In the weeks prior to her death, her step-children came into town. I had to travel to a family wedding. During this time they got her to sign a Power of Attorney for finances and medical. They also eliminated me as a co-executor of her will. At this time, she was talking to dead people. She was not mentally competent to make any decisions. They are now telling me I cannot enter her home without them being there. I do not want to sue for money, but want to know if there are criminal charges that can be filed.
1 Answer from Attorneys
I strongly recommend that you file a complaint against them with the local police department and County Attorney's office for violation of the State Elder Abuse statutes, elder abuse and financial exploitation of a vulnerable adult. There are both criminal and civil penalties that arise out of such wrongful acts. Further, they cannot change her will using a power of attorney, so I recommend that you petition the court for appointment as Personal Representative of her estate as soon as you can do so.
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