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ZellyBardot Asked June 2017

My brother kicked my dad out of his house and took all of his money but $600; What can we do to help dad get his money back?

He won't release his truck; RV or personal belongings from family home. He stopped preparing meals for him, checking on his meds; among other things but my father was crying when we left the bank today after finding this out. I've only seen him weep when my mother died 1 1/2 years ago. There's a lot more to it but my most pressing concern is assisting my father get his money back, etc.

ZellyBardot Jun 2017
Yes the whole forum has helped immenseley. thank you all. I 'll do all of this. I appreciate your guidance.

ASusan48 Jun 2017
You're welcome - and I'd like to give credit to the others who answered as well, as everyone here definitely has something to contribute and cares about the outcome of your situation.

Please come back and let us know what you find out. I would be curious to know specifically if bro has guardianship of your father - and how that happened, if your father is still competent. (Legal guardianship of an elder can only happen if it is proven they are incompetent - or in some cases, the state takes guardianship if there is fraud being committed against the elder by relatives.)

Find out the status of this "guardianship" - take Dad to the bank and start asking questions about that. (Dad should be with you, as long as he is competent to do so, so the owner of the bank account is present - that way the bank will be more willing to work with you on this.) Ask the bank how the "guardian" designation was put on the account, and if any legal paperwork was presented to prove it. If the bank is not willing to discuss it with you, get the POA in place first and then go to the bank, and take both Dad and the POA paperwork with you.

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ZellyBardot Jun 2017
Dear SusanA43
You are just what I needed! I will do ASAP. I think it was just stated Brother would be guardian. I don't think it is writing. Thank you again. You really lifted my spirit by helping me.

ASusan48 Jun 2017
Zelly, forgive me if you've stated this already, but I'm not seeing it - unless I've overlooked it.

Who has Power of Attorney (POA) for Dad? You mention that bro's name was put on his bank account as "guardian" while Dad was recovering, but was he truly, legally made your dad's guardian?

If no one has POA for Dad, you need to get that done ASAP, while your Dad is still cognizant and coherent (assuming he is, based on your statements). Once dementia sets in, he will no longer be legally able to assign POA to anyone - not you or anyone else.

With POA for your Dad, you can handle all financial and medical matters (as long as the POA is set up to cover both of those areas - you should probably make sure that it is to avoid issues in the future). Once the POA is set up, it cannot be changed unless your Dad revokes it and moves it to someone else - so this will protect his finances by placing them under your care.

You sound as if you truly do have your dad's best interests at heart - I hope you are able to get this sorted out quickly.

ZellyBardot Jun 2017
I am moving him over to my house ASAP. Brother's name was put on account as his "guardian" when he was recovering. He told dad to sign something at the bank recently to prevent "fraud" but it was really an approval to move the money out of the account. I just found out today so I'm still piecing everything together.

ArleneHutcheon Jun 2017
So sad. Your poor dad. I'd get the police involved first of all, nobody deserves to be treated like that. It is Elder Abuse. Maybe they had a disagreement, you don't know. Who looks after your Dad now? Supervises his meds?

freqflyer Jun 2017
Just curious, how would your brother not know? Where does your brother think your Dad is located? Who does he think is feeding Dad?

If your brother has that type of personality, it is time to move Dad to a calmer environment. Why did the brother kick his Dad out of the house? Or is this just family dynamics in play? Has this happened before? How did the brother take most of your Dad's money from the bank? Was his name on the account?

Or was your brother just overwhelmed from the caregiving? It is not unusual for that to happen.

ZellyBardot Jun 2017
just FYI I've been providing meals since he stopped....

ZellyBardot Jun 2017
I called a family lawyer..waiting to hear something. I'm afraid of retailiation. I'm afraid of what he'll do. He doesn't know that we know. Dad's been recovering from a bout of falls brought on by BP problems/wrong meds? Brother wanted him stay at his house since Dad and Mom lived in their RV till she died. I'm just trying to prepare myself, remain calm and get some advice before any kind of confrontation.

jeannegibbs Jun 2017
You've called the police, right?

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