Legal Question in Elder Law in California

Hi, my mom is 92, she early stages of dementia. There are 2 other brothers, one who has slowly taken over paying her bills, collecting her rents, signing her checks. She has him lined up to be appointed as executor to her estate, but that doesn't take place until she passes away correct? She is still living, she never said he is power of attorney. He has gotten her to put his name on all her bank accounts and slowly he has taken control of all her finances, he collects rents, pays her bills, signs her checks etc. Now he has taken all her check books away from her, all her credit cards are in his possession, he has her bank statements going to his girlfriends house so she don't know what she has in the banks. Doesn't he need a legal document stating that he has power of attorney? I have seen receipts where he has purchased things for himself with her credit cards. How do my other brother and I keep my brother that is taking from my mom from being the executor to the estate and get him out of the role he has taken upon himself to perform for my mom. Should I ask him to see the document of him being power of attorney, I know for a fact that he doesn't have one? we don't want him abusing my moms trust and ripping me and my brother out of our future inheritance. I question him but he tells me nothing about what is going on with my moms estate, everything is a big secret with him. He has even called the police on me trying to get me arrested so I am not around to question him on anything.


Asked on 10/19/15, 2:00 am

1 Answer from Attorneys
Charles Perry Law Offices of Charles R. Perry

The executor has no authority to do anything until the person who made the will has passed away.

A power of attorney should of course be in writing, but it is not necessary if the person is already a signatory on the accounts in question.

Your brother purchasing items for himself may be a form of financial elder abuse, but there are not sufficient facts here to know for sure. Recovery would require a court action against your brother. You will need to contact an attorney that handles financial elder abuse cases for an opinion. You should be easily able to find one here on LawGuru.

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Answered on 10/19/15, 3:01 am


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