Seeking legal guidance to protect elderly parents from financial abuse and undue influence by unstable sister in California.

Question

I'm seeking legal guidance regarding my elderly parents' care and financial safety. My younger sister is attempting to take over their finances and put them in an elderly living facility, despite my parents being fully capable of making their own decisions. They are drafting Powers of Attorney, naming my sister and me as co-attorneys in fact. I am concerned about my sister's mental instability, as she has verbally abused my father and physically assaulted my mother. There is an audio recording of her screaming at my father because he didn't comply with her demands, and she has taken the phone from him while I'm on a call. Additionally, she has exerted undue influence over my mother, leading my mother to falsely accuse me of stealing money. It has come to light that my younger sister and my mother's broker on her retirement account conspired to fraudulently sign documents, making my sister both the attorney-in-fact and beneficiary on my mother's retirement account. How can I ensure the protection of my parents' rights and finances in this situation, given these circumstances?

Klaus Gottlieb · Answer

You’re right to be concerned. What you’ve described may constitute elder abuse and financial exploitation under California law. The behavior—coercion, verbal and physical abuse, false accusations, and fraudulent changes to financial accounts—raises serious red flags. 
 
You should immediately consult with a California elder law attorney. They can help you: 
 • Challenge or revoke Powers of Attorney, 
 • Report financial abuse, 
 • Involve Adult Protective Services (APS) if necessary, 
 • Take legal steps to protect your parents’ rights and assets. 
 
Time is critical in situations like this. Gather all evidence (recordings, documents, texts) and speak to an attorney right away.

James L. Arrasmith · Answer

It’s crucial to act swiftly to protect your parents in this situation. The first step would be to consult with an attorney who focuses on elder law. They can guide you in establishing guardianship or conservatorship if your parents are unable to make decisions due to undue influence. The fact that your sister has exhibited abusive behavior and is involved in potential fraudulent activity makes this a serious matter. Your parents' rights and financial safety are at risk, and legal intervention might be necessary to limit your sister’s ability to manipulate their affairs. 
 
Regarding the Power of Attorney, you can request a review of the documents, especially since you suspect undue influence. If your sister is taking advantage of your mother’s trust or manipulating documents, this can be challenged in court. Additionally, you may want to address the fraudulent changes to your mother’s retirement account. If your sister and the broker conspired to alter her beneficiary designation, it could be a case of financial fraud. Bringing this to light through legal channels is crucial in ensuring that your mother’s assets are protected. 
 
Lastly, documenting all instances of abuse and undue influence, including the audio recording of your sister’s behavior, is vital. This evidence can be used in court to demonstrate her instability and the harm she’s causing. With the help of a lawyer, you can take steps to safeguard your parents and put an end to the abuse. You’re doing the right thing by being proactive about their safety and well-being.

Q: Seeking legal guidance to protect elderly parents from financial abuse and undue influence by unstable sister in California.