Legal Question in Elder Law in Pennsylvania

By brother closed out my 91 year old father's bank accounts. The DA's office is involved. Does my father need an attorney at the preliminary hearing. If so a criminal or elder law attorney.


Asked on 3/30/14, 7:19 pm

1 Answer from Attorneys

You post no relevant facts. Does the brother have a valid power of attorney over your father's property? Why is the district attorney involved? Why would your father need an attorney at the hearing? Has your father been charged with a crime?

The district attorney only gets involved if a crime was committed by someone. Its not a crime for your father to close his own bank accounts so I am guessing that your brother is the one accused of criminal conduct. If your brother did not have a valid power of attorney over your father's assets then he could not legally close out any bank accounts. If your brother used a forged power of attorney and the forgery was only discovered after the bank accounts were closed, that might explain why the district attorney is involved.

If this is a criminal hearing regarding charges brought against your brother, your father may be a witness but it would be your brother who needs a criminal law attorney, not your father. Your father would only need a criminal law attorney if the district attorney has charged your father with a criminal offense.

If your father is of questionable mental competence, then some family member may try to get guardianship over his person and/or property. In that case, your father might need an elder law attorney to represent him because whoever would be seeking the guardianship would be wanting to prove your father is not mentally competent to manage his affairs. If your father is mentally competent he would definitely want an attorney.

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Answered on 4/13/14, 9:14 pm


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