Legal Question in Elder Law in Pennsylvania
My wife's mother is 85 and lives alone in a single home in Willow Grove PA. She is able to drive to grocery store and elsewhere in her area and seems lucid. She recently hired a guy to maintain her lawns and general maintenance. We recently discovered that he was over charging her by large amounts to the point that she drew down all but 30K of her 100K savings in only a few months. This guy provided no receipts but she has cancelled checks. Do we have any recourse against this guy. Also, is there anyway for my wife to control her mother's spending so this doesn't happen again? Her mother had recent TIAs (mini strokes) and we suspect that this might be effecting her judgement as her 100K savings have stayed pretty much intact for quite a number of years. She receives 2000 per mo. Soc. Sec. That is her only income.
1 Answer from Attorneys
Assuming she is competent she can execute a Power of Attorney naming your wife as Attorney in fact. Regarding the lawn person if the facts are as you say and the money was drawn down ovewr such a short period then you may have some recourse as an economic crime against your mother. This may run counter to the POA ability I addressed previously. $70,000.00 in only a few months sounds like your mother was taken advantage by the person. I would contact the District Attorney's office in the County your mother resides and see if an action can be maintained. I would also file a police report if the evidence shows all they checks made out to this one person.
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