Legal Question in Elder Law in California

Fraud by sibling on Dads account

Sibling takes dad from my care accusing me of wrong doing, which was untrue. Then after 1 1/2 years, sibling brings dad back to my home and leaves him in the middle of my street without my knowledge. So here is dad at my door. Come to find out sibling has used all of dads social security and retirement money for his own bills and entertainment and charged over $900.00 on dads gas card. Dad showed up to my home broke. Sibling was not on dads account until July 2003. Back in Feb 2002 when account was opened and teller card was sent, dad was unaware of its arrival and sibling saw the code dad picked and was using the card withdrawling funds without dad knowing. Dad was on meds for Parkensons and Pulsy disease which affected his physical balance and memory. I took dad off meds and he is find now. What legal action can I take? Sibling sold his home and dont have a way to contact him. Sibling also forged checks on my dads account and had dad write checks while under the influence of those meds. I need help quick!

Thank you for your time.


Asked on 8/30/03, 3:58 pm

3 Answers from Attorneys
Scott Schomer Schomer Law Group

Re: Fraud by sibling on Dads account

You should consider placing your dad under a conservatorship, which would allow you or another to manage his affairs under court supervision. If the fraud you described can be proven, the conservator can pursue a legal action against your brother. Whether such an action makes sense, however, will depend upon whether or not your brother has any assets and how easy it would be to prove the fraud.

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Answered on 9/02/03, 12:25 pm
Terry A. Nelson Nelson & Lawless

Re: Fraud by sibling on Dads account

Help quick is not going to happen. What will happen is you filing criminal charges of elder abuse and theft with the local police, and hiring an attorney to sue the sibling for the money wrongfully taken [assuming he has any money left to recover it from]. If interested, contact me to discuss facts and fees.

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Answered on 9/01/03, 10:38 pm
Chris Johnson Christopher B. Johnson, Attorney at Law

Re: Fraud by sibling on Dads account

See an elder abuse attorney to discuss the facts and see if financial elder abuse occurred, and if so, whether your sibling has assets to repay what he may have taken.

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Answered on 8/30/03, 4:24 pm


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