Legal Question in Family Law in New York
power of attorney abuse
my brother has power of attorney for my mother, he has been living with her for over 15 years now, my sister also recently had POA over some of my mother's bank accounts to take care of her monthly expenses, my brothers POA was needed for to take care of mother's day to day expenses and some utility bills etc. for years now mom has been verbally abused and threatened to be put in a nursing home by my brother (and occasionally he has been physically abusive) local police and social services have visited mom after the physical abuse but mom would not confirm any physical abuse to authorities and social services closed case file, without doubt my siblings have witnessed physical abuse and i have witnessed verbal abuse. recently brother went to bank with my mother and convinced her to remove POA that my sister had over mother's accounts, bank told sister whom is very upset over this that mother had right to remove POA without bank notifying my sister, we know brother manipulated her to do this so he can control all of the finances, so the biggest problem is that now and in the past brother has used mother's money for his own expenses. is there a way to stop brother from abusing POA and get sister back her POA ?
1 Answer from Attorneys
Re: power of attorney abuse
Your brother owes your mother a fiduciary duty which requires him to act for your mother's best interests, not his. He appears in breach and person's in his position frequently take the further step of having trust or will documents executed leaving them the sole heir. This needs to be looked into. You need an experienced probate litigator familiar with "elder abuse," which my firm has if you would like to talk to us.
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