Hainesport, NJ asked in Family Law and Elder Law for Tennessee

Q: My mother-in-law in Tennessee has been diagnosed with dementia. My husband’s sister was immediately given either a

...general POA or conservatorship, or both. After selling her home and moving her to a nursing home, my sister-in-law will not give my mother-in-law copies of statements or other documentation regarding her finances, and we suspect my sister-in-law is taking or has taken large sums of money for her own use not related to my mother-in-law’s care. My mother-in-law is lucid and aware and is not anywhere near the point where she could be considered incapacitated or not of sound mind. We are very concerned for her well-being and want to make sure her money is managed appropriately and used for her care. What are our options?

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1 Lawyer Answer
Leonard Robert Grefseng
Leonard Robert Grefseng
  • Estate Planning Lawyer
  • Columbia, TN
  • Licensed in Tennessee

A: Unfortunately, the abuse of the elderly is becoming more and more common. One option will be to file a lawsuit against the attorney in fact to set aside and recover any "self dealing" transactions ( hopefully, all of the funds have not yet been spent). A Judge may very well have to decide if your mother in law is indeed competent. ( What does her doctor say about that?) In summary, this I snot something you should try to handle yourself. Consult an experienced elder law attorney for more specific advice asap.

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