Legal Question in Wills and Trusts in Oklahoma

Abuse of Power of Attorney

My dad died 4 months ago, mom is incomtant. brother has durable power of attorney, has put mom in assisted living and has got himself a fancy apartment, all though he has no job. He says he has to take care of my mom, assisted living is $4,500 a month, he is there 20 minutes a day. How do we know if he is using her money to live on, he keeps everything scret. My mom of course isn't able to understand and do not really want to upset her. He wants no one to know what dr she goes to or what dr says. Is there anything at all we can do, to know what is going on or to protect my mom? For example phone bill was $700, mom can't hear to use phone, he paid $5 to her, told her it was his potion of calls and wrote a check for $700 which he said was her potion. thank you.


Asked on 7/13/02, 8:17 am

1 Answer from Attorneys
Hunt John Urgentlegalcare.com

Re: Abuse of Power of Attorney

Thank you for your question. Your suspicions that something is wrong could be correct. You mention a Power of Attorney (POA). I assume that the POA is from MoM to brother, rather than a POA from DaD to brother which would have terminated upon DaD's death. I would need to see the POA as it might have become void upon Mom's incompetency. To gain control of the situation or to at least get a court to inquire into what is going on you would need to file for guardianship over your MoM and her property. Guardianshp revokes any POA. You mentioned that your DaD had died and did not indicate whether there has been a probate opened. I would be glad to meet with you to discuss any these issues. Please visit my web site at www.urgentlegalcare.com for your future legal needs.

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Answered on 7/15/02, 1:59 pm


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