Q: Situation: You have a Durable Power of Attorney. Your Father is in the hospital. You find out that your step brother has
taken your step mother to the bank and has had the facility that your father is at bring him there too. They have completely removed all money from accounts and redirected their direct deposit to a destination unknown by you. All of this done without your knowledge or consent. Is this legal?
A: Possibly yes, if you father and step mother agreed to the transactions, then the Ban personnel are simply following instructions. If your father and step mother are not able to make good decisions ( or have been pressured into decisions that are not in their best interests) then you should considering filing court papers to have them declared incompetent so that you can be their conservator. The power of attorney you already have make allow you to "un-do" what has happened, but it won't end the dispute about ho to take care of these elderly people. consult an experienced family law attorney as soon as possible.
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