POA Mistrust

[jboisvert]

I have a younger brother that was chosen to be the POA of my parents' assets. My father has passed away in 2004 and my mother chose to go live near my brother in Texas. He placed her in a home and provided for her. Recently, he asked my sister in Indiana to take care of our mother since she now has altzeimers, and is incapable of judgements and identifying loved ones. My sister took our mom and placed her in a very nice facility, but now the funds for her care have been depleated, enough that the monthly bills haven't been paid. My brother has gone on a spending spree with the assets of my parents. He has spent quite a bit of the 3/4 of a million dollars that my parents entrusted him with. My sister has gone to court to claim custody of our mother and it was granted, but she doesn't have the money to pay for her care. My brother continues to spend and as of January, 2008 spent $68,000 in just that month alone. My sister has acquired receipts and returned checks from Merril Lynch where my parents had an account. What can we do to obtain money to pay for our mother's care. We would like to prosecute our brother. Is that possible?

 

[dee_dub]

Get a lawyer, and sue to have your brother removed as administrator and to have an accounting of the money he's spent.

 

[lwpat]

What type of "custody"? She can be named as conservator or full guardianship including financial and then put a stop on the accounts. She can check with the state. Usually they have some help available in situations like this.