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Leosan31 Asked November 2019

How can we take away POA from our sibling whom we know is abusing that power to make cash loans on our mother's property?

GardenArtist Nov 2019
If by "cash loans on ….property", you mean that he's using the property as collateral for loans, then back trace the transactions.   Any lender is going to secure its rights, whether by loan document, or some type of recorded security interest.   And those would be filed with the local county recorder, register of deeds, or other governmental department at the local county level.

So check those out, get documentation, see how he signed, and take the documentation to law enforcement.   The company or individual from whom he's getting money can be investigated to determine if it's a viable entity, and has a function or service w/i the parameters of a POA, or DPOA.  

If not, ask the PD how to pursue removal of him as proxy, and/or see an elder law or estate planning professional with litigation experience for advice on proceeding.   It might be suggested that an injunction be issued against him from further devaluing your mother's property (and estate) by using it as collateral.     Then court proceedings would likely ensue.

You'll more than likely have to go through some type of court proceeding to have him removed, and it may be that b/c of the family issues a judge would be reluctant to appoint another family member but choose instead a "professional" to act as guardian or conservator of your mother and her assets.

Find out from law enforcement and/or legal counsel how far this needs to go, and make sure the other family members are on board.   This could cause an irrevocable split in the family.

OTOH, if he's actually creating loans to others through partial sales of the property, and they're undocumented, you'll have a tougher time getting resolution.   But again, look to the public records for documentation.  

How did you become aware of these "loans", and what proof do you have?  

This will probably be the critical issue on what can be accomplished to stop him.

freqflyer Nov 2019
Leosan, only your Mom can take away Power of Attorney from whomever she had appointed.

If your Mom cannot do that due to dementia or making poor judgment choices, then the next step is to look into Guardianship for your Mom. This process can be expensive.

https://www.agingcare.com/articles/how-to-get-guardianship-of-elderly-parents-140693.htm

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