I'd like some opinions please? Power of Attorney?

Question

My husband's Mother, who's living in a retirement home, recently changed her Financial Power of Attorney over to him, here's the problem, her neice had been doing the financial stuff until there was some money gone unanswered for and his Mother decided to change it. That's been about 2 or 3 months ago. He found out her neice took the bulk of her money and placed it it an account of her own ( the neice's acct ) His Mother has no right to it and neither does my Husband. There was another small checking account, which no money his Mother recieves deposited in it, it all deposited in the neices acct. Now my Husband has not talked to the neice since, he seems to be avoiding the whole matter. He tried to call her once and she was out of town and has not returned his call. I think it's strange the bank allowed her to take the woman's money, but even stranger is that my husband does not want to take her to court for it to be returned, I think something is strange?

Answer 1

The only thing that matters is what she did, and that's steal from a helpless older person. It's too late to prevent consequences for your husband's mother, but your story can serve as a wake-up call for anyone who's thinking about giving power of attorney to a relative whose integrity isn't beyond reproach. A Power of Attorney can be abused, and dishonest Agents have used Powers of Attorney to transfer the Principal's assets to themselves and others. That is why it is so important to appoint an Agent who is completely trustworthy, and to require the Agent to provide complete and periodic accountings to the Principal or to a third party. Should a Principal, member of the Principal's family or a friend have grounds to believe that an Agent is misusing or misued a Power of Attorney, the suspected abuse should be reported to the police or other law enforcement authority to protect the Principal from the loss of his or her property. Request copies of past concealed checks, bank statements, and withdrawals to look for forgery or unusual activity. If forgery or misuse of funds is apparent, your husband's Mother can sign an affidavit with the bank and it will be investigated. The police or FBI may get involved at this point. Consider asking an Estate Planning lawyer for help and advice.

Answer 2

We had a similar thing in my family. We had no proof that one of my sisters in-law had conned mum out of large sums of money, but money was missing and there was nothing to show for it at mum's. My sister in-law however got new furniture/car and other items she could not afford on my brothers income. Without any proof we could do nothing. If you have the records to prove your case then your husband should do something immediately. This tore my family apart after my mum died, especially cause she could have told us the facts. Settle this while your mother in-law is still here to defend herself. This niece is not the only family member and has no right to try to take an inheritance before her Grandmother is dead. Put the niece her in her place.

Answer 3

I think your husband is probably just ignoring the whole problem just for the simple fact that it is his cousin being accused. However, if you can find, or do have liable proof that she did steal money from your husband's mother's account, and put it in her own; I believe you should find a good lawyer and press charges on the thief.

Answer 4

If he left a joint account open, then he's at fault. close the financial corporation account, and get a clean one at a distinctive financial corporation. He could could pay the overdraft to get out from below and close the account, yet 260.00 is extra helpful than 2600.00 or extra. He needs to get his call off the bills at her financial corporation. this could have handed off over a 12 months in the past. And he needs to work out his lawyer approximately getting a judgment against her for no longer turning over the stuff. a chum grew to become into arrested whilst her hubby did no longer get what he grew to become into meant to get on time. decide held her in contempt of the court docket order. 15 years in the past.