Q: My brother in law is taking financial advantage of my elderly mother in law. How can I protect her financial security?
She lives in a memory care senior community. My brother in law has power of attorney and I believe conservatorship. I am very close to her. I support and take care of her in many ways since my husband passed away. I recently learned that my brother in las has been taking out a substantial amount of money from her accounts over the past few years to pay for his personal expenses. I am afraid she could run out of her money while she is still living and be not be able to continue to pay for the care she needs and is comfortable with, and she saved for. This isn't an urgent threat today but a legitimate possibility in the future. When? It depends on how many years she has left and how much money he continues to spend. I am very concerned for her future well being. Can I do anything to protect her financial security? Should I speak to an elder law attorney?
A: Without being the conservator of her person and estate, there’s not much you can do except be supportive of her. The conservator has control of her money and is accountable to the court for the use of her money. If he is using her money inappropriately, the court will demand that he pay the money back to her at his next accounting hearing. If you have relevant information, you can always try calling the court investigator assigned to his case and let her know your concerns. And perhaps his attorney if he still has one. Good luck!
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