Legal Question in Civil Litigation in Michigan
Father
My sister has stolen 50,000 dollars
from his account. By writing herself
checks to pay her bills, having
withdrawnal from his account to pay
her phone bill, gym membership
dues and cable TV account. Can we
proceute or does my father have to
do it. My farther is 81years old and
thought she would take care of him,
instead she took his savings.
4 Answers from Attorneys
Re: Father
IF he is in Michigan, repost for a Michigan attorney.
IF he is in CA, then you can file a police report and you can file for a conservatorship of him so you can obtain the authority to take civil action against her in his name. If so, feel free to contact me for legal help in doing so.
Re: Father
You can get a restraining order against her on his behalf. You should report this to the police and to the Adult Protective Services. You can also file for a conservatorship and file a civil action against her for elderly abuse. You have many options. You should consult with an attorney.
Re: Father
You can contact a prosecutor to begin an investigation, but your father will ultimately be the one who has to say the funds were taken without his permission.
He should also take steps to move the money to an account where she cannot access it.
Also, he should immediately have a lawyer draw up estate planning documents which include a statement/clause that anything she receives should be reduced by the amount she has already taken (assuming he still wants to give her something). If he doesn't, he needs to specifically disinherit her in his estate planning documents.
For a civil suit, your father can give you, or someone else, power of attorney, to act on his behalf to collect the money back - if the criminal proceeding doesn't suffice.
Re: Father
You absolutely can intervene to protect your father. This is "elder abuse" and subject to special statutory protections. An attorney can help you take the steps necessary to have the court help you take care of your father. My office would be happy to talk further with you if you're in our area.