Legal Question in Criminal Law in California
prosecuting fraud by family member
My 55 yr old brother lives with my 82 yr old mother in her condo. He has forged her name on checks and run up a $10K debt on a Visa card in her name. She is reluctant to prosecute. What can other children do to help protect her and stop him from doing it again?
3 Answers from Attorneys
Re: prosecuting fraud by family member
One option is for the children to call the police. Another is to seek a conservatorship over her if she needs one because she is getting 'incompetent' to protect herself. Feel free to contact me if that is the case and you want legal help doing it.
Re: prosecuting fraud by family member
Also, you might want to file an action for elderly abuse against the family members who did this. First, file for a conservatorship ex parte, then file an action for elderly abuse. Also, report this to the Adult Protective Servicees, as well as to the police.
Re: prosecuting fraud by family member
Only by getting a conservatorship over your mom if she is unable to care for herself.