Q: Q: Who can investigate exploitation of Mother's joint bank account quickly and accurately ? A private investigator ?
Mother had joint bank accounts (checking and savings) with my sister. All deposits were from mother's Soc Sec and VA benefits; not from sister. Automatic transfers by bank from checking to savings occurred each month. Sister controlled online banking and moved additional funds from checking to savings to an unknown account, without mother's knowledge. Sister cancelled mother's debit cards three times in a twenty months claiming fraud. Sister would not allow funds to be paid for mother's needs. Mother discovered $1,000 transfer. Mother closed joint account. Sister caused notations on Mother's bank accounts. Mother asked banker's assistance and showed granddaughter's DPOA, with incapacity clause. Banker would not accept DPOA. Sister tried to take Mother away from home; Mother refused. Sister called APS. Sister applied for guardianship of person. Doctor stated mother was totally incapacitated. APS did not investigate bank exploitation. Attorney Ad Litem will not speak to family.
A:
If you suspect financial exploitation, contact the Harris County District Attorney's office. Harris County now has an assistant district attorney devoted to addressing elder fraud. You will want to provide information not in your question, such as what steps, if any, APS took; why you (and your mother) believe that the Physician's Certificate of Medical Examination is in error; and how you know that funds were illegally diverted.
You can also hire an Approved Guardianship Attorney (see list on the State Bar of Texas website) and intervene, requesting an independent medical examination, presenting evidence from APS, the bank and elsewhere and, if the Court determines that your mother does need a guardian, that you, not your sister, be appointed.
There is now a bill before the Texas legislature (likely to pass) which requires employees of financial institutions to report suspected elder fraud and makes elder fraud a first degree felony.
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