Legal Question in Wills and Trusts in New York

Sister spending mom's money

My mother is 80 and limited capacity. My sister has POA and controls her estate. She has been paying her bills and those of her unemployed compulsive gambling boyfriend out of my mother's accounts. They live a 4 star lifestyle in addition to the gambling, though have no income except for my sister's disability from over 2 decades of alcoholism. I believe they have spent large sums (at least hundreds of thousands), and she refuses to provide documentation of my mother's accounts. Can I get the POA removed? Is there a chance to recover the money that she has spent?


Asked on 9/27/07, 9:06 am

1 Answer from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Re: Sister spending mom's money

If you can prove your allegations against your sister, and depending upon how dibilitating your mother's limited capacity is, you may have to seek a guardianship of your mother, seek to be appointed the guardian, take the POA away from your sister, and have her account for the spending of your mother's funds. This is a complicated type of litigation, requiring psychiatric evaluation of your mother, and can cost thousands of dollars in fees and costs. I suggest speaking with an attorney who does guardianship work to advise you. This is a response to an internet question and the reply is not intended to be legal advice or to create an attorney-client relationship.

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Answered on 9/27/07, 10:33 am


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