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Been trying to see my dad with my family. Brother refuses to let us speak and see him. Dads long term friends cannot see or speak with him as well. I believe dad is being taking advantage of in his weakened state

APS is useless and will give me no info

Went to guardianship 2 years ago and judge did not listen to anything and court evaluator did nothing as well

What can I do now. I believe isolation is taking place and I have proof that brother is stealing dads money

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What is your brother doing that he is misusing your father's money? Isolating your father is not a crime. APS will only step in if something major happens - like your brother leaving your father alone, and your father accidentally sets the house on fire, etc... Did you present these proofs to APS? And they still did not respond?

Other than that, there's nothing you can do. Is your brother POA over your father? If he is, then he can do whatever he wants - like preventing you and any one else to visit your father. Any possibility of trying to 'be nice' to brother so that he allows you to visit your father? Whatever you may think of your brother, don't let it show. Because the main goal is to visit your brother. From there, you can keep an eye out in the situation.
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Is your brother the court appointed guardian or POA? In most states, both of these people must file accountings with receipts to show the handling of the money with the clerk of court. If there is a guardian that was appointed by the court, you might seek legal counsel about asking for a review or replacement of the guardian if you have grounds. I would see an attorney about that.

You say you've been to court before. Sometimes, it takes a lot of work to resolve things a certain way. I would seek an opinion on how strong your case may be.
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You petition the court for supervised visitation. It's up to the Judge.
IF you have proof of a crime, take your proof to the nearest DA office.
Proof means bank account records, transaction receipts. Any third hand information will get you tossed out of the DA's office.
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I have proof that brother has made some big purchases in cash. I believe with my dad's money

Brother has POA, that does not give him the right to use the money for himself? Dad lives in New York. Have gone to law enforcement and they have done nothing

What can I do. There is no way to make nice with brother because he knows I know he is up to no good.
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What you need is proof that your brother made these big purchases with your dad's money. Otherwise, you don't have any tangible proof of a crime.
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How do you get that

I was hoping in guardianship court all of my dads finances would be reviewed to make sure no one was stealing from him

Can you request Financial accounting for my dad
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Maybe a private investigator would have an idea. Other than that, all you have no proof and one must have facts not feelings that a crime has taken place.
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What happens if you just show up at his door with a Christmas present for your dad?

Is your brother caring for dad in his home? Are you willing to take that on? Does dad have enough funds for his care going forward, or might he need Medicaid down the road. If the latter is the case, you might mention to your brother in the nicest possible way, that there will be a penalty period if there has been any "gifting" of large amounts of cash.
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My 1/2 brother did the same thing. Now my mom is dead and all her money is gone. I didn't get to see her for 2 years. I know he killed her, but since the house was clean, a lazy cop told me, it didn't look like a crime scene. She died in July, and no one knew until September when he had not even paid the funeral home and had just left her there.
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What "proof" do you have that your brother is stealing your father's money? And what kind of "proof" do you have that your brother purchased these items with cash? Do you have the receipts of the purchases? You go from saying you have proof to saying you "believe" he is using your father's money. You can't "believe" that your brother used your father's money. You have to KNOW IT FOR A FACT & have documentation to prove it.

A POA does not give the right to take someone's money. A POA is for that person to take control of the finances when a person is no longer able to, to pay bills, buy food, medical expenses, etc. A POA can't take out a whole bunch of money & buy a car for themselves.

You don't give any other historical background about your brother & father. How did your brother end up as POA? Is your father living in his home or is your brother living in your father's home? If it were me, I'd go to the house unannounced, ring the doorbell & see what happens. Maybe your father will answer the door & invite you in.
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Do you have your own lawyer for this? POAs who fail in their responsibiltiies can be removed as POA - do you have the actual document to review against yoru evidence? If your evidence is becoming more convnicing, police reports could be made again, and you can demand to speak with a supervisor in Adult Protective. If you cannot prevent bad things form going on, it is not for want of trying, and if there is any blame to be placed it is #1 on your brother and #2 on your dad for trusting him to be a decent POA. You are not the first person who has been unable to intervene...so sorry this is happening to you and Dad!!
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Thanks for your help. I have proof that brother has made big purchases in his name. Went to guardianship court 1.5 years ago and judge did not look at any financial or medical info. I have specific info that dad has advanced alzheimers
APS does nothing, they say dad is safe. They are not giving me any info. Why would brother refuse to let me or family see or speak with my dad. Why do I have proof that brother is making big purchases. The system has let my dad down, and I am frustrated. Isn't elder abuse about isolation, control, undue influence, lack of medical care, and forcing someone to give you ther money. This is what I believe is happening to my dad in his weakened state
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I have proof that brother purchased a house in cash. I have the deed. Brother has threatened me if I show up in person. I have showed up in the past and no one would answer the door. Brother told no one should answer the door
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My inlaws bought two new vehicles and a vacation condo in NH with my MIL's money, but they had POA so we were wasting our time trying to prevent any further "gifting" in MIL's name. Some people intend to take advantage from the get/go.... nothing you can do.
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Ok,something is not right. Did he purchase the house with Dad's money for Dad to live in? Maybe that is what makes it legally OK and non-prosecutable?
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Msmith201077, since you have no communicate with your Dad, how do you know there is a lack of medical care, and other items you had mentioned? Or are you assuming these things are happening?

Curious how did you get a Deed to a house that your brother had purchased? A Deed normally is presented to the new owner at the time of Settlement when a house is purchased. Were you present at Settlement?

I believe there is more to this story when what is being told.
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Thanks all for your help. When brother was letting me see dad I saw first hand that I believe dad was being taking advantage of in his weakened state. It was clear dad was very sick and in my opinion showing all signs of advanced alzheimers. The research I did about big purchases by my brother was easily researched on the web
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Did the court appoint your brother guardian? A guardian can control who sees the person; POA does not have that authority. So first, what authority does your brother have? Guardian or POA?

Who is living in the house your brother bought?
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Msmith, is the house owned in your brother's name or your Dad's or both? This information is available on the county assessor's website in many places. Also, the clerk and recorder in his county would have any deeds, or other documentation related to mortgages, purchase or transfer, etc. Before you assume that brother owns the house, check the official public records. There is plenty of misinformation on the web!

Is brother being paid to care for Dad? Medicaid regulations in many states permit transfer of the home to a family caregiver when they have provided medically necessary care for a period of two years. How long has brother cared for Dad?

The restriction on visiting may be in Dad's best interest. In my case if sibs visit or call especially late in the day, sundowning time, the contact really confuses my Mom and sometimes becomes agitation which is very difficult for everybody.
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Thank you. House is in brother's name. No guardianship only brother has POA. Brother denying complete access for my family to see dad and also some of dad's long term friends have tried to see and speak with dad with no success

dont know what to do to help my dad
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You went to Guardianship court? Who is guardian?
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No guardian was appointed

Brother has POA
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So, if there is no guardian, your father is apparently competent to do as he pleases. He can appoint anyone he likes as POA. He can leave your brother's house if he pleases.

Are you in contact with your dad's doctor? S/He can't tell you anything, but s/he can certainly listen to what you have to say. If you think that your father is being abused, financially or in any other way, that's who I would discuss it with. If you have proof of financial malfeasance , go to the DA.
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Went to the DA they are not doing anything

Don't even know if dad is seeing señor who he is. Spoke with dr dad was seeing for 10
Years. His office called
My dad with no response

So frustrating. The problem is my brother controls who my father speak to. He says dad is fine though he is very sick with advanced alzheimers
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Don't know who dads present dr is.
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Sometimes all you can do is all you can do. I can't fathom how a clear-cut case with clear evidence of malfeasance could be ignored, but I suppose it is not the first time it has happened.

Probably your brother has obtained incapacity letters and the POA is completely in force so that he is in fact legally making all decisions. I cannot think of any other avenue unless he can be removed as POA for cause and an eldercare attorney armed with the actual POA papers and the evidence you have presented to others could tell you if that is possible or not. If they say no, there is no chance of making that change, you've shot your wad and brother "wins..." hopefully that does not mean Dad "loses" in terms of getting decent care, and I sense that is the greatest concern you have; but if APS has already been involved and investigated, it may not be a totally bad care situation or bad enough for them to be forced to act at least. If you were counting on any kind of inheritance, definitely make alternate plans.
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Thank you for answer. To me it has never been about money. It's about seeing and being here for a dad that is dying from Alzheimers. Preventing grandkids and kids from seeking dad is just cruel and uncalled for

I believe that APS and law enforcement is so overwhelmed they don't look at everything

So the elderly and frail suffer from people that know how to abuse the system. My dads intent was never to be isolated from his friends and family and I believe he is being taken advantage of in his weakened state. How does a son just stand by and continue to let this happen, though I continue to try every day to see my dad and get him help
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Have you called the Senior Abuse Hotline? They really do look into the situation. Sorry for your situation. Sibs can be so hurtful.
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If your brother is spending money on himself as POA, then he is breaking the law. Keep pushing, don't give up. Contact every agency you can find. I am POA and my sister keeps accusing my of being a thief, This is after she wrote herself a $3,000 check. I took her name off the signature card and turned all the financial information over to my Attorney. He send all 3 sibs a letter that he would be getting all the bank statements and sending a monthly statement of how the money is being spent. By the way, I have lived with Mom for 3 years for no pay. There is quite a lot of money on the line and they just can't wait to get their greedy little hands on it. But, I wanted out of the loop so have my attorney dealing with everything. Now they can call him and leave me alone to care for mom.
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Hi Brinoz, what is the phone number for the senior abuse hotline fo New York. Does that go back to APS. APS has not been helpful at all

Wouldn't you think they would think it is abuse isolates an elderly man with Alzheimers and proof that brother just purchased large ticket items, never purchased before by him
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