Legal Question in Elder Law in California

my father past away in 10/2009 he had no trust. i did most of the work of transfering titles of accounts after probate period. Then itook my mother to alawyer to draw out a trustaccountfor her. i'm the oldesty of two children she appointed me successor and granted me all powers of attorney.. recently we foundoutmybrother who is on parole had been making withdraws using her ATM without her permission or even knowing.from he BOFA account. He has withdraw a good $12,000,00 in a year taking out $200,00 ata time.mymother can't bring herself to filecharges.Bank rep.advice her to change pin and make sure it doesn't have access to finding it.i told california state.parole agent and they haven't done nothing.He is on heavy duty mental health medication plus uses street drugs. I have called for help in this situatuion tothe parole deptbut don'tget anyhelp i have called plice several times.Nowcan i file criminal charges on my brother? mymother is goingon78years olodever since he has been letto parole heremy mothers health has gone down hill.


Asked on 8/23/11, 1:15 am

2 Answers from Attorneys
Joel Selik www.SelikLaw.com

As you have power of attorney (if it is a current, not a springing power of attorney). you can report. But your mother may have to be involved if the police so chose.

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Answered on 8/23/11, 8:21 am

What your brother has done sounds like it constitutes elder financial abuse. Anyone can report elder financial abuse to the police and district attorney. You don't need any special authority or powers.

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Answered on 8/23/11, 2:34 pm


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