My Aunt who is a few weeks from 100 is in the first stages of Dementia - when she gave me POA, the doctors said she was clear and lucid. I have been co-owner on her bank accounts. Over the past year she has directed me to spend a large sum of money ($70,000) - the bank called Adult Protection Services; they had a hearing - the court ordered a temporary Conservator, the state also appointed a Guardian ad litem and an Attorney for her - all of their fees are coming out of her savings ($153,000) plus the court ordered a bond at the hearing which is also coming out of her savings. She told her appointed attorney that she did not want a temporary conservator (who she must also pay for). The court over ruled her attorney- so while the state investigates whether I mis-managed funds, her small savings is being depleted. The psychological exam to test whether she was incapacitated was administered at a time she was not feeling well and since her education is very limited- she did not perform well. I petitioned the court to place her savings in pool special needs trust, if they feared I would touch her funds, plus this would allow her to receive Medicaid- that also was ignored. It is like the state is just taking her money and using the fact that I spent funds as directed as an excuse. What can the family do with limited funds to stop the state from doing this?
Mthr had several large withdrawals from her account that others "borrowed" from her, and only when we showed up and started going through her bank statements did the *bank manager* bring us a check for the whole amount mthr had "loaned" to her "daughter." Your bank was doing what was right by reporting the large withdrawals and protecting all elderly, not just a select few.