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There is a sibling who underhandedly coerced the parents suggesting that his way would be more beneficial to them financially. The sibling encouraged parents to assign him the right to handle all financial affairs knowing that the elderly parents are not cognizant of the sibling's under-handed intentions. The siblings changed the will, insurance beneficiaries including the removal of a more responsible sibling's name from the policy, designated himself as power of attorney for their financial affairs, continuous mismanagement of parents annuities, social security and ultimately had the parents to sign their house in her, depriving the other siblings from their parent's inheritance. What can be done to rectify the exploitation of elderly parents?

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An elder care lawyer should be contacted.
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I would call adult protective services in your county and an Elder Law Attorney.
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POA can only be done when the parent(s) are cognizant. otherwise it has to be court appointed.
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Sounds as if the parents have significant resources. Contact Adult Protective Services and they need an elder law attorney to assist them in preparing documents. Are they competent? They can setup their estate any way they choose, and if they are concerned about this child, they can have a second person or even a third to oversee the parent's resources and keep an eye on him.

Where do you fit into this story?
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My situation became completely out of hand! I would never recommend or consider making just one person in charge without someone else to monitor resources. Two people to sign transactions, etc. Sometimes even the most honest are swayed by someone else. And even if there are two, both coyld be in cahoots. What is the solution? Who the heck knows.
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This is why parents should never put one child in charge of or access to their accounts. It is best to have a non-relative in charge of being POA. It may cost you some money, but avoids the long list of problems that occur between siblings over finances or health decisions.
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I am also going through this same horror story. I miss my dad so much. We always had contact, discussing what did you have for dinner, to what plans do you have next week, to taking him out to play golf, having him for special occasion dinners. Now no contact at all. Big brother has all control and telling my dad lies about the other siblings. Its so sad. It has totally devasted me i am now in professional help, and unable to work. So many i hear are in this same situation. I wish you luck. Lawyers haven't helped. My brother just uses this as fuel to feed the fire. Like i said, he has told lies to my dad and tells him things such as; the other siblings are out to get me , so dad you cant have contact with them. Im so afraid of going public because of what more damage my brother will do. My dad is isolated in a retirement home. No phone, no contact with siblings or any relatives. I was forced off the property while visiting with my dad. They were going to call the police. My dad looked very sad that i had to leave and shocked, but it was as per my brothers request and he (my dad) had no say, or has no say in whom he wishes to visit him.

Yes, big brother is the only POA. Please sign atleast 2 people to be your POA; and they even state 2 people who dont get along.

My brother cleared out my dads home and i have none of the family heirlooms including photos of us growing up, no photos of my mom who passed away years ago.

One clue that i didnt act on, but it may of been to late even then, is my dad said to me he was told not to trust me. This was years ago. I told my dad then that i may be the only most trustworthy person he may know. I really wish he had listened to me then as i only want the best for my dad, not isolation which he has now. I want my dad involved in all of our lives, including relatives and friends, in his last years.

Like i said earlier this is now happening to many others. I am not alone. I hope you will find a solution.
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Amen.

Actually, I just went through all the steps to make my layer and bank the POA.

My daughter and her children will inherit--what I leave them.

Not what she takes.

Sad, but...

This way the grandchildren are protected and money will be used in rational manner. for "life-launching" expenses.
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that was lawyer
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But I thought poa doesn't have control over things like who can visit. Just like poa can't force them to move
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It is best to have one competent and honest child as executor and power of attorney. If not available, or this scenerio has happened as described above, an elder law attorney will have to help you. The parents doctors will have to determine competence and appointment can be recorded with attorney's help. The prior will and other documents may be valid but judge must determine. If grandchildren are a concern with a dishonest child of parents as executor, an Irrevocable Life Insurance Trust with the help of an attorney can protect inheiritance that parents wish grandchildren to have. Much depends on how will is written.
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Expose him for who he truly is and have him held accountable for it. I am going through a similar experience with 2 of my trifling sisters who were appointed our 93 year old mom's co-conservators through lies, false allegations and manipulations. They played the numbers game to the Probate judge and he fell for it. Have a face to face meeting with an Elder Law attorney.
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Whoever is taking care of them deserves a lot--they gave up their entire life for the aging parents if they are that bad off. If you put them in a nursing home, the institution will take everything anyway. Of course it's impossible to know all the particulars with this post--but a double room (not private) nursing home costs about $86,000 a year in exchange for horrible care and believe me they will go through a person's life savings full amount before they can go on Medicaid. Usually family who do not participate with the care of their parents and expect a sibling to do it all has no concept what they go through but expect all the money.
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Often exclusion in a family is simply the choice of the parent. That choice might be do to who's most responsible, who has caused them the least amount of grief over their years, to who even might have the nicer home for them to stay in, lots of different possibilities. It's easy for distraught, confused, angry or even bitter siblings to bicker over it all. It is the most common problem in elder care, fighting children. Parents make choices that are difficult for themselves and others in their senior years, but it is their choice, in the end they have to choose between their children who they trust to do what they want. There are a lot of winding legal issues in elder care and property as well that are not taken into consideration by people who are unaware of the legalities of it all.

1. POA can only be assigned by an attorney who works with the elder. The assigned POA has no say in the POA assignment. The parent and attorney chooses.
2. Wills can only be done by an attorney who works with the elder. Children have no say in the written will.
3. Attorney's will tell the caregiver or the parent's POA to take in all personal property to take an accounting of it, especially when there are other children fighting over it. The first reason for this is and this is shocking, until that parent has passed, their personal property still belongs to that parent. It is the responsibility of the assigned POA/Caregiver to protect that property from others who will take it as well as dispose of any property as the parent wishes, that might be a garage sale or estate sale even. Just because a parent is in care, does not mean everyone divides up their stuff. But a POA might be forced to gather it all to protect it if siblings are fighting over property.
4. Children cannot have a home signed over to them, even with a POA. But it would be easy for someone who's not in the legal field to make that assumption, and of course if that assumption were made, then of course the POA must have taken everything else too, right.... First consider if the home is even paid off or not, if it's not then someone has to pay that mortgage, so who's paying it? Lots of things to consider over all. Also if a parent is in nursing care and they have a home, Medicare will only pay for nursing care for a very limited time, after that you have to pay out of pocket, if you can't pay out of pocket for nursing home care, and you own property, you have to liquidate everything to qualify for Medicaid to pay for nursing home care. Just a note. Said sibling might be actually preserving the family estate.
5. Insurance has to be used to pay for final expenses, and if several siblings are bickering over that money because they want it, then how will those final expenses be paid? Some times someone has to just simply stand their ground to do what's right, gather everything up and protect it. Especially caregivers and POA's, who surely will be hit with a final expense bill if there is no insurance.
6. Elder care and abuse. Nursing homes are often horrid, and they run that way. Home care is a blessing often in comparison. State inspectors have seen it all, if they are called more than once on an obviously good situation in a home for an elder, they can press charges over anyone who makes false accusations and continues to call them.
7. Realigning in a proper manner with your brother or sister, might help, have a calm family meeting might help.

Overall if you have a sibling who is taking care of everything logically, calmly and legally, be grateful for them. They'd probably appreciate it.
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I would enlist the advice of an elder law attorney BEFORE pulling in Adult Protective Services. My reasoning is that APS will show up reasonably quickly, giving the evil-doer a heads up that their actions will be going under the microscope. This will give them more time to fudge and rearrange records before legal action occurs. Sometimes APS can muddy the waters. A local elder law attorney will know about how APS operates in your area - there are wide variations in APS practices from one jurisdiction to another. I'm so sorry this is part of your family's story, but we have to face reality. Run, don't walk, it's time to lawyer up! - The Dementia Nurse
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I think assigning 2 POA'S could be a problem. Fighting, bickering, control issues. Parents should know which of their children can be trusted. Then again, maybe not... I agree some outside force needs to be consulted.
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I agree that in lieu of there being one responsible, trustworthy adult child, that POA should be a disinterested 3rd party, probably an attorney. 2 POA's has caused some issues in our family, as I am not one of them, I stay out of it. One brother is VERY controlling and we've had problems with him not "sharing" pertinent info with the rest of the family. Nothing huge, but it sure could get bad.

As far as inheriting--ah, that old issue can be so ugly. I know mother has divided her estate up equally amongst us 4 remaining sibs, BUT my brother, with whom she lives, SHOULD inherit more. When the time comes, I may likely just gift my inheritance to him. My other 2 sibs are independently wealthy and the money would mean nothing to them, to my brother, who has put his life on hold for 17 years for dad, and now mother--this inheritance will mean the world.

To my knowledge, a POA cannot stop others from visiting loved ones--POA isn't complete control, it's a legal thing.

My brother doesn't exploit mother, but my elder brother (now deceased) certainly did, and my younger sister did also. They both took advantage of mother's weak spots for them and cleaned her out years ago. Live and learn--I won't let this same thing happen to me.
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To: Ramona1974: i thought so also, and have talked with the retirement center. Next step is their head office. POA, if parent is deemed incoherent, has powers like god. He makes all the decisions now. I was told the standard statement that i couldnt visit my dad because it would upset him. Well, retirement management saw first hand that i was in no way upsetting him and there was no form of aggitation from him. Beware who you assign POA to. Once thought big brother was honest, but seems different now. He doesnt even let the other siblings or relatives know how my dad is doing. No updates on the many hospital vists we found out about by other means.
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When read your question, the word, fraud, popped into my mind. You need a well-qualified elder law attorney or Certified Elder Law Attorney or super expert in elder law.
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When you visit your parents, how do they seem to be functioning?
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I had the same problem with my sister, her husband and my brother. They are so horrendous and did so much harm to family and our father that I got myself emancipated from them legally. The Nursing Home he was staying at called the NJ State Ombudsman for the Elderly. Once they informed him of what was happening he came down immediately. It is a very serious crime and the state of NJ has many offices that can look into this. A lawyer was too expensive and the Ombudsman came down to the Nursing Home at no cost to investigate.
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Ramona1974 - you are correct. A POA is only in effect when the principle is no longer able to make decisions for themselves. This does not mean the child or POA is able to make that detrmination. Being deemed incapable of making decisions is a Physicians job. To trulibra - do not give up. You can contact a local Ombudsman and see what their thoughts are. They will work in your dads best interest. Best of luck to all.
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iam in a stuation my mother signed her insurance papers too brother who in past years mom had fallen out with and when my dad died he got her too sign papers which she didnt realize what she was doing she has many issues now dementia my daughter and myself live with her and take care of her making sure her bills are paid and her policy every month what too do i dont work anymore as she cant be left alone any sugestions what i can do
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This is a very serious crime against elders! What I would do besides contacting the APS and an eldercare lawyer is go for guardianship and take over all matters including financial. I would also find out what lawyer handled that will before it was changed by the exploiting siblings. I would find out who that lawyer is and give them a call. I would also call the probate where it's filed and say something to them at very least. If your parents didn't know the well was going to be changed and they never consented to it then it would have to be invalid. If they made the will while they were in their right minds, that will would have to stand, and whoever changed the will would be facing subs but possibly serious trouble. You can't just go behind someone's back and just change their will, you don't do that, you just can't do that to people! How did this person do that anyway? In order to change the will it would have to be the rightful owner and their own signature. I wouldn't be a bit surprised if there was a undue influence in this matter, and just from your description I think there probably was
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Sadly, elder financial abuse from family members is seldom prosecuted. This "white collar" crime occurs extremely often and is seldom rectified. Every senior knows of severe horror stories. The workers in the elder care business know how common it is. If you want to properly deal with it, make yourself as tough as nails, and find a pit bull elder care attorney. The road will be rough. Don't compromise an inch. Use the police, APS, Social Services, etc. You will never get the other Attorney in trouble. They are too slick. Decide to either go the whole route, or simply forget it and write it off as too difficult. That's actually what usually happens. The family dynamics are tremendously complex.
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To dlh3354: I cant give up, and wont. So far its been a year. For when the time happens and he passes, atleast i know i tried to the end. I couldnt live with myself otherwise. Its my dad with whom i had an excellent relationship. Even if i have to disguise myself, i shall never give up! Its my dad! Thanks for replying. And i wish all the others luck in the times ahead.
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To dlh3354: thanks for your suggestion. To Grace 2016. I know how you feel. Have you tried the ombudsman as suggested by dlh3354?
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You need to hire an attorney AND FAST!!!!
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Should the time come you hire a lawyer, I would definitely go for restitution as well as guardianship. Not going for restitution against the offender enables bad behavior to continue
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Get a lawyer and file for elder abuse thru the county.
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