Buffalo, NY asked in Arbitration / Mediation Law, Elder Law and Probate for New York

Q: My mother lives in Florida, my brother in Virginia and I live in NY. When mom lived in NY I was herPOA and co executor

Long story short she moved to Fl to be closer to my brother ( he lived there at the time) and for the weather. Moms health isn’t always the best. He took a job and moved to VA about 2 years later. He handed he major investments, he did some foolish things with her money, “ he “bailed”her out with her own money. I was in the loop and ask my opinion on poa and handling her affairs. I suggested joint because he works out of town and unavailable a lot. I know that there are my ways you can be joint. I found out after the fact he is sole poa but could have any info I wanted. I didn’t get what I asked for. He’s been “ gifting “ himself money, I chose not to in case it needed to be pd back. I spoke my piece and drew a line. Now she’s in the hospital with kidney failure, I don’t think he’s got her best interest. I get as much info as he gives me, when I ask her she can’t explain. I don’t trust him and am worried for her. But he made sure he’s it. He is leaving to work out of town soon. Help

1 Lawyer Answer
Nina Whitehurst
Nina Whitehurst
  • Estate Planning Lawyer
  • Crossville, TN

A: Start by reporting the suspected financial abuse of an elder to the Adult Protective Services agency closest to your mother.

Beyond that, you will need to find a fiduciary litigation attorney to sue your brother to have him removed as your mother's attorney in fact and to return the money that he took. Then, you will need to file a petition to have a guardian and conservator appointed for your mother, which could be you or some other trusted person.

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