Power of Attorney attempted to extract funds from family
Situation: Brother acquired general power of attorney (with wide latitude) over mother under unstable medical conditions. His inattention to her medical welfare (such as withholding medications) and questionable handling of her financial affairs (such as bank balance diminishing rapidly by several thousands in a few months time without explanation, even to the point of overdraft) is suspect. In addition, large balance bank accounts are being closed without justifications. Now he is seeking avenues to acquire money from family member such as creating promissory notes from his mother's bank records. Family member concerned that brother's next action might be to attempt garnishment of wages. Q: What steps should family member take to prevent this action and other potential attempts to gain funds. Hoping to avoid guardianship; main concern is current family member financial safety.
1 Answer from Attorneys
Re: Power of Attorney attempted to extract funds from family
The primary issue here that you have not mentioned is whether or not your mother is still compentent to make her own decisions. If she is competent, then we still have the ability to make changes to the Power of Attorney by revoking that power of attorney and initiating a new one. If she is not able to make that decision, then you are looking at the possiblity of a guardianship in order to have someone else take over the role of attorney in fact of your mom.
Generally, the law requires the person with the Power of Attorney to act in that persons best interest, known as a fiduciary relationship. If your facts are true, then there appears to be an issue as to whether your brother is acting in the best interest of your mom. You really do need to get some specific legal assistance in addition to this information.
I offer free initial phone consultations and would love to discuss this matter with you in more detail. I do work all over the state of Arkansas so feel free to email me privately or call the office at 501-847-1311.
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