Follow
Share

I am POA. My father has been taking money out of his account every 2-3 days ($300 or more) and has been giving it to his son. I have a feeling my brother is doing much worse as on a background check I did, there was an Alias listed which was my father's name. How can I protect my father?

This question has been closed for answers. Ask a New Question.
This is a really tough situation, but if your brother's addiction is to illegal drugs, you might try to think of a way to anonymously tip off the police so they can address his addiction, through charges if necessary. Your father's physical and financial health is more important.

I also would get credit reports, move to put security freezes on his credit files with the 3 credit bureaus, speak to bank officers about putting restrictions on his accounts, if necessary transferring money out so he can't access cash to give to your brother. He may encounter overdraft fees, but at least you'd be securing the accounts against further withdrawals.

I do suspect though that banks aren't going to become involved in blocking your father's access to his funds. You may have to close the accounts and open new ones specifically as a DPOA.

If he has investment accounts, notify them first by phone to find out what preventive action is available, then confirm it in writing. You don't want to be accused later of not taking all the preventive steps you can.

The biggest problem I see though is that your father is apparently giving your brother cash, which suggests to me that his addiction isn't to prescription pills but rather to street drugs. In this case, I really think it's appropriate to contact law enforcement. Maybe getting your brother in jail and out of the picture is what's necessary.

I suspect also that this isn't something new but has been going on for some time. In that case, your brother may have prior offenses.

In addition, I'd investigate what kind of drug rehab programs are available for your brother.

Although you didn't raise it, I can't help being concerned after reading that your father is living at home. I'm wondering if your brother is capable of violence if he's cut off and if your father's welfare is in danger. If so, I would certainly raise that with the police as well.

Law enforcement might also have other suggestions to protect your father's financial assets from the dealers.
Helpful Answer (1)
Report

How aware is your father of your brothers issues? And how mentally capable is he?
Helpful Answer (0)
Report

Also order a credit report to make sure of any "hidden" accounts that have been set up in your father's name. You can freeze credit as well as bank accounts, and you will need this information if your father needs Medicaid. The withdrawals will be treated as gifts from your father to your brother and could cause a look-back penalty if your father needs Medicaid.
Helpful Answer (0)
Report

Freeze his accounts, consult the attorney that created your POA. It is your job as POA to protect his assets so he will be able to afford care in the future. At the rate you describe, it wont be long before he wont have any $. Make sure this person does not have access to SS#, account info, etc.
Helpful Answer (0)
Report

This question has been closed for answers. Ask a New Question.