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POA has been handling finances since dad fell ill. For dads safety, I believe an audit should be completed at least quarterly. How do I get this ball rolling? Since my brother has physically hurt me and the POA is constantly being cruel? I have a feeling something is going on....

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I am so sorry. It shocks me how siblings turn on each other when all you want to do is love your Dad. My brother is a mooch. I have the POA (thank God) because he doesn't even love our Mom. She was a verbally abusive Mom, and it was painful for both of us, but he used me as his punching bag growing up. He has never kept a"real job" -- lived off his ex-wife -- and he has never made his own daughter a priority. Anyway, I suspected he was selling things for our Mom (but not telling her the real price, and pocketing the difference). I drive our Mom's car, and he was trying to get my old car (even though Mom gave him our Dad's car when he died in 2011). I told him to stop talking to her about it, because I needed to speak with a lawyer. Selling items/giving them away can be Elder Abuse. But he kept on doing it. I looked at his email and he found out. He exploded and jumped out of a chair and pushed me and i went flying, hit my head on a tile floor -- with a concussion and hurt my neck/back. That's why I was so concerned for your safety. If you call your local Bar Association, you can get a consultation with an Elder Law Attorney for $50. Obviously, his attorney isn't doing his job. I admire you for fighting for your Dad. I'm just concerned your brother will hurt you. When someone has Alzheimer's (like our parents), they don't understand things going on around them. Everyday my Mom does something that is shocking (like making oatmeal cookies without butterscotch chips -- having me get some, and then PUSHING them into the cookies she already made). What a mess. But it's better than when she had hallucinations, or has been violent with me. I wish you success in at the very least, seeing your Dad. That is just cruel that you can't see him. So very sad.
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LEP627, I am in the fight for my life. The POA HAS TURNED MY ENTIRE FAMILY AGAINST ME! Kept me from seeing my father, so I came home because I was terrified and I was staying in hotels every night since the incident. I am a military spouse who has given and volunteered for the last 17 years. My brother has been in and out of jail and it amazes me that my family would rather believe him than me.. The POA locked me out of dads house, when I had permission AND my belongings in there. Dad's attorney knows that the POA is taking advantage of being POA, but does nothing!! I have had to give up my relationship with my father because I am tired of being the target! I do realize, I more than likely will not even get a call when dad passes.....but that is just the cold hard truth!
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My brother assaulted me last month, so I see we have something in common. You can call Adult Protective Services and tell them you are concerned about financial Elder Abuse. Contact the Council on Aging that was previously suggested as well. The Alzheimer's Association has given me a LOT of great advice. I don't think the Bank can help you (unless you have a POA), but making them aware is a very good idea. Make sure to talk to some agencies to find out the right way to handle it. With a sibling who is physically abusive, you need to take care of yourself. Do you have a Restraining Order against him? I hope so. If he has hurt you recently, you should file one. You need to be safe (as does your Dad). Please be careful. Adult Protective Services will investigate, and you remain anonymous (though my brother admitted he called AFTER I put a Temporary Restraining Order on him). Get guidance first. Because you are probably going to be in the fight of your life with the brother and POA.
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If you know your dad's bank and the people there, report your suspicions. Banks are MANDATED reporters, I think in every state. A social worker can help you. Have you asked your dad privately about his finances? Does he have any mental capacity issues? You can go to an elder law attorney to seek your audit request. There isn't one agency that can legally request an audit without an investigation into your concerns.
Since you know large amounts of cash are being withdrawn, you must know who is making the withdrawals. The bank is mandated to report suspicious activity on a senior's account. A Power of Attorney isn't a license to steal.
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I ask because very few checks are written and large amounts of cash is being withdrawn and being withdrawn frequently.
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Interview case managers to find a mediator to help communicate with the POA. If you are being abused, call a domestic violence center for help. They usually know someone within APS. Mandated reporters have to report elder abuse and exploitation. Call your local Council on Aging and ask them for guidance, too. Ageless Alliance also has info on their site.
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My family is in the same boat. We've asked and don't get any type of clear answer. Our POA sibling speaks in generalizations and shows no proof of where the money is going. The most recent scandal is selling our mother's house at a discount to her grandson. Mother needs that money for her care. How does someone do this to a parent with a clear conscience?
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Check with your local Adult Protective Services. Also, be careful of how you word your complaint. I'm my mother's financial guardian and was accused of not being "transparent" when it comes to my duties. Legally, I only was required to report to the court, but I gave a full report to my siblings to prove everything was taken care of. I had a receipt for EVERY penny spent. The judge got all over my siblings for being untrusting and accusitory. That's why I keep such clean records.
Anyway, I say ask questions if that's what it takes to make you feel better. Just be careful of how you ask.
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