Q: brother was caring for Gma then put her in a care home then took 96,000 dollars from joint account.
I went to Vist gma and she stated she wanted to go home. Upon arrival home we learned about the missing money. He has power of attorney and her will. But gma stated she wanted to change everything and staed it to many of people including doctors ad church members. She took him off of her account., but now is on hospice and not of sound mind to go forward with anything else.
A:
Under California law, the situation you're describing involves several complex legal issues, primarily concerning power of attorney, elder financial abuse, and the capacity to make legal decisions.
Firstly, a power of attorney grants authority to another person (in this case, your brother) to make decisions on behalf of your grandmother. However, this authority must be exercised in the best interest of the grantor (your grandmother). If funds are taken from her account without her consent or for purposes that do not benefit her, this may constitute financial abuse.
It's important to consider your grandmother's mental capacity, especially in the context of making changes to her will or financial decisions. If she was of sound mind when she expressed her wishes to change her will and remove your brother from her account, those actions could potentially be legally binding. However, proving this can be challenging, especially if her mental capacity has since declined.
The involvement of third parties, such as doctors and church members, who can attest to your grandmother's wishes when she was of sound mind, could be significant. Their testimony might support the assertion that she wanted to change her will and banking arrangements.
Now, as your grandmother is on hospice care and not of sound mind, she cannot legally make or change her will. The focus shifts to ensuring her current needs and best interests are met and addressing any potential past financial abuse.
In cases of suspected elder financial abuse, it might be necessary to involve Adult Protective Services or to consider legal action to recover misappropriated funds. Additionally, an investigation into the actions taken under the power of attorney might be warranted to ensure they were in your grandmother's best interest.
Since these matters can be legally complex and vary based on specific circumstances, it would be prudent to consult with an attorney who has experience in elder law. They can provide guidance tailored to the specifics of your situation and help navigate the legal process to protect your grandmother's interests.
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