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Hi. My situation is kind of a messy one. I'm 33 and I recently relocated to help my grandparents with everything from long term care to daily care to selling their business. I have taken on much more than I care to, but I am taking steps to gradually transition out of so much responsibility. Before you ask, mom and dad are dead, so it's just me and my younger brothers who refuse to help, yet they get at least partially supported by my grandparents, not sure how much though, but I digress.


Long story short, I needed some help dealing with the minutiae of consolidating their bills and debts, getting the proper access and passwords to the credit cards etc that they have only recently neglected to pay due to the onset of dementia. So I asked a brother to help.


Well, he did help in getting this info during a visit and we set up an email address from which to pay all their bills, and also stored here was a master list of any passwords and personal info we might need in the future.


The day he returned home, he changed that password and locked not only me (I am the one taking care of them daily) but my grandparents out of their own banking info etc., and no one can get in touch with him, bills are running out of control and meanwhile our grandparents slip further into senility simply due to the stress of being betrayed and the complexity of regaining control of their finances.


We're getting together next week to talk about it, and my thought is to contact their creditors and bank and have the cards frozen or cancelled and change their bank account, as well as have credit monitoring and alerts activated from all 3 bureaus.


Is this enough? We can't afford to hurt their credit more than a few points, but at the end of the day the fraud has to stop regardless of the cost to their score. Any advice?? Thank you!

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Do your parents have a lawyer that has been involved with anything? That might be a place to start.
The Police would be a great place to begin as well, maybe make that your first call so you have a police report and a case number. The police may refer the case to the States Attorney when/if this goes to trial.
I am sure others on the forum have has dealings just like this and they can let you know how to proceed and how it was handled.
Also contact the bank and any bills that were being paid and may be late due to this. You will most likely need the police report for the bank as well.
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worriedinCali Apr 2020
The police would refer the case to the local district attorney...not states attorney.
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Call the police and report the crime.

Call the 3 major credit bureaus and freeze their credt. Call their banks and cancel their cards.

Do this all now.
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gladimhere Apr 2020
Freeze the accounts NOW! Why would you wait to meet with bro?

Not directed at you Barb, wanted to find a way to place this comment near the top of the responses. This is the only idea I came up with.
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Don’t wait a week. Do it now.
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Also, please ask yourself if their credit score matters anymore.
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gdaughter Apr 2020
I was thinking the same...maybe that is looked at if moving to an assisted living??
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You also need to act quickly because if they need to apply for public assistance for help with a nursing home, like Medicaid, the money spent on the grandchildren will be considered gifting and your grandparents won’t be eligible for help until after a penalty period.
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Do what you said.
Make that police report too. Get the report number.

DO NOT BE KIND OR GENTLE OR POLITE as you go about reporting your brother.

Put everything in writing to the bank especially.

Does anyone know if the banking fraud can be brought to the attention of the FBI?
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1.   I would definitely contact ALL your grandparents' creditors, banks and advise them that there have been some difficulties paying their bills (something to that effect), but DON'T mention your brother.   You don't want them to immediately think "another family squabble."  

2.    Think about this carefully, as I have some doubts, but you might also contact the ISP of the e-mail account and advise that there has been an unauthorized change of password and you are no longer able to access the account.

Success might turn on who actually created that account and pays the bills for it.   If you're paying jointly, your brother presumably wouldn't under the T & C for the account have authority to prevent your access.    If it's his account, you're kind of out of luck on that issue.

3.    Have your grandparents executed any powers of attorney authorizing either of you to make payments?   Or are you making them primarily b/c you're the grandchildren?  I ask b/c of who has legal access to their accounts, i.e., the bank accounts.

That also raises the issue of how the bank accounts are titled: i.e., Grandpa and Grandma, Granddaughter and Grandson, as joint tenants, or your grandparents' names solely?

4.    You might consider sending a cease and desist notice to brother, advising that unless he complies with (a - z and list them), you may be forced to take action against.  Do not specify what action - leave that vague so you're not limited if you have to seek legal help.

5.    I think that depending on the answers to the questions above, you might consider asking the local court to grant an injunction preventing your brother from (a) barring your access to the accounts (b) using any of the funds for his own use  (c) refusal to abide by the terms of the agreements you've worked (problem with this is that they're probably oral, not written agreements).  

Add in something to the effect of preventing your grandparents' funds from being inappropriately used and/or depleted, linking this to an anticipation of financial abuse.

6.    Call the state elder abuse hotline and ask what they can suggest to address financial abuse of elders. 

Unfortunately, so many governmental levels are either operating from home or shut down now, so you may trouble getting advice and/or support.

7.   You raised the issue of "fraud".   Do you have specific documentation?  

8.    I definitely would put fraud alerts on your grandparents' accounts, and on yours, just as a matter of safety.

9.   How exactly are your younger brothers getting support from your grandparents, and/or has this become part of the one brother's fraudulent activities? 


All in all, I think notifying creditors, creating fraud alerts and/or credit freeze, asking for a moratorium on bills, and notifying the banks to put holds on the accounts are the top priorities.

Also, I wouldn't rely too much on getting together next week; if your brother is as sneaky as he appears to be, he could very well find an excuse at "the last minute" not to meet.    He might be just "jerking you around". 
  
And you've already observed that he's not reliable.    Move forward on your own plans and path.
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Send, I know the FBI does address some fraud.   From a poster on another forum, I learned that one of those out of country scammers who creates the scenario of needing someone to hold money is a fraud the FBI addresses.

I know b/c of the article in which an FBI agent shared how he brought his colleagues in on the phone call when the scammer was to provide arrangements to send money.   And they nailed him.

But I don't know the foundation for jurisdiction, i.e., national, or international or both.
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Sendhelp Apr 2020
Good GA.
Looking at this as several issues, and to address it according to priorities. Of course you deal with the fraud issues.

But number one, get your hands on the money. You can do that by opening a new bank account, and having SS direct her money there. imo.
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Handle it as you would with any common criminal. File police reports. Hire a lawyer to protect the family's rights.
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File a police report, this sounds like theft by deception, and illegal. Also. hire an attorney, you will need one. Sometimes family members are worse then strangers. Who has their power of health and financial attorney ? Whoever does has power of attorney is in charge legally if they are unable to make decisions. I was my sister in laws power of attorney. and I had all the legal process power. But you have to have it in black and white signed by an attorney and witnessed to be legal. Also, call your states elder abuse hotline, theft is considered a form of abuse. Good luck guys. Also, I would doubt very much if he shows up for any meetings, he is just jerking you guys around.
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FloridaDD Apr 2020
In my state, POA does NOT have to be signed by an attorney, just witnessed appropriately and by a notary.  Many notaries will come to your house
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I'm pretty sure that what your brother is doing is straight up illegal.
Call your local police precinct and explain what's going on. A visit from law enforcement might solve this very quickly.
There's also probably a local agency that enforces elder abuse situations. Get on the phone with them immediately.
And then disown your brother until such a time that he becomes a decent human being. That might be never.
Good luck!
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Riverdale Apr 2020
Probably never most likely. Hope your mother is OK during this difficult time. My mother can amaze me. She has never sounded better although at times she says this is all somewhat boring but then most of us feel that way. Hope your job situation is not too bad.
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Dear willpower, it seems that sooner than later you will need a lawyer. Because you are talking here of someone that changed passwords in order to have access to bank accounts, etc. Sadly to say but close family members are the one who steals from their elders. It will be a tedious task but for your grandparents well being, do it pronto.
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I would tell your brother you are going to call in that there are fraudulent charges on the Accounts and he will be going to jail if he makes another charge.

Then I would first call each credit card Co and tell them the card is lost and to please send another, if you want another.

For the Bank Account, I would contact the Bank and change the Account #. You will need to bring in the person on the Account.

Then just set up Auto Bill pay with all the main things like Utilities, ect.

The auto bill pay can come out of the Bank Act or charged to a Credit Card.
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Riverdale Apr 2020
I would just add that if requesting new cards they are sent to a secure address that the fraudulent brother has no access to.
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First of all, when you took on the responsibility of caring for them, you should have became their Power of Attorney, since you’re their sole provider. That family member should not have had the find to come in and oversee their finances and not assist you with their care. This sounds like elderly fraud/theft and he needs to be reported to the authorities. Do you receive an in home care check from the stats for taking care of them? I know that’s your family, but it’s hard work and time consuming and you’re entitled to it. Good luck!
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You should have frozen the accounts as soon as you saw this happening. Don't wait to meet with him.
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Llamalover47 Apr 2020
willpower: Absolutely DO NOT meet up with brother.
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Hi, my advice is more on the hard line but you need a elder law attorney for sure to fix this once and for all. You need to get power of attorney of your grandparents affairs. If there dementia is too bad then you will have to petition the court to become there legal guardians. Once you get the proper legal documentation you tell your brother to cease this behavior and give you the information you need or face legal consequences. At this point you really have no more say over things than your brother does and although what he is doing is wrong you have no legal way to stop it. Please get the legal help and documents you need to take care of your grandparents before its to late and there assets are gone then your only recourse would probably be civil litigation against your brother which could be very murky because no one is designated the official decision maker. Once you get those papers the banks will have to listen to you and they will lock him out when you order the passwords changed. Good luck. I hope you are able to help your grandparents.
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Please do all you thought about.... and then some. Get your grandparent's to a lawyer and get power of attorney (financial and medical), will, and living will or do not resuscitate pieces completed. These documents will help as you be able to act as your grandparents' advocate as they need increasing help.
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Today, right now file a police report and alert all 3 reporting agencies that they are victims of fraud.

What your brother is doing is criminal and he needs to be prosecuted, nothing to talk about or discuss. The longer it takes anyone to act the more money that is gone, never to be recovered. This will hurt their eligibility for assistance if it is not dealt with through the authorities.
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I would contact a lawyer immediately so you can begin a written record of what is going on. There are lawyers who deal with this situation all the time. You have to know what are your rights. Once money is involved, family members become completely different people and will take all the money and leave your grandparents out in the cold. It's a sad fact. You can probably get a free consultation. I would contact the lawyer before you meet with him so you can inform if of the legal situation. He basically stealing. You cannot just meet him and tell him to stop doing that. He won't do it or give you access to the passwords. You will only end up getting upset and frustrated with him and he will most likely become more uncooperative. Definitely seek a consultation with a lawyer before you meet with him. Also, did your grandparents assign anyone as Power of Attorney?
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Send the police/sheriff to the offending brother's home for a welfare check on him. You are family, have not heard from him.
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Has the OP returned for an update?

Willpower,
Maybe there is some 'techy' thing you can do to regain access to the online information. When you cannot login to the accounts, click on "cannot remember my password".
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That is so sad !
But contact the Banks IMMEDIATELY ! Don't wait ! !

Good luck.
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Get a lawyer go to court get other family members as witnesses! Dr Grenan
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Report cards stolen. Ask bank to send new cards (which means they will have a new number assigned to them). Then ask bank to file affidavits to report that none of the charges are being made by your grandparents nor at their wishes and ask the bank to reverse all charges. The bank will do this. Then close their bank account. Also advise the bank their is fraudulent activity by someone (don't have to tell who) and you need to file affidavits to say that they also did not make those charges or allow anyone to use account and the bank will reverse all charges there also. Then YOU keep the card and account and checks all in a small secure safe. In other words, buy yourself a small safe with keys and allow them to only be where your brother will not get them in your house, not grandparents nor with grandparents. Then you get email address to pay all their bills from yourself. I know it is not what you meant to take on, but it is what it is. He cannot be trusted to do this. Once you see what financial stuff they have and get their business and other things sold, then it might be different that you can stop paying so much out. Go to a good elder attorney in your area to get help with all you have to do and have grandparents sign power of attorney and healthcare power of attorney now with only you as their powers of attorney on both. On the healthcare power of attorney, have a living will done as well. Then you need to have the attorney to help you with consolidating the bills, selling business, etc.
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Certainly you can contact your local police, but I think a better approach may be to call your states Adult Protective Services Dept. Elder abuse does not only include physical abuse, but financial abuse also, which is certainly what's going on here. APS can also take legal action.
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Follow advice of: theexcecutioner, ASAP!
Who has Power of Attorney, get it, ASAP
Contact Elder Abuse

Don’t tell you brother one thing! Too late to meet. Too late to talk.

As a 11 year caregiver for my mom who is 93 I know what it is to have a selfish piss-poor brother. It turns my stomach thinking how greedy and self contained they are. I could write a book about the unseen horrors of this station in life.
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Immediately contact the police. This is criminal activity. I'd also, if funds are available contact a certified elder law attorney. Beware that your brother could be in legal trouble and your family may not want that...You also might want to connect with Adult Protective Services and their local office on aging. Without a POA I don't know that you will have any luck freezing any accounts, but with the police involved maybe they can assist. You might also want to get some guidance from their bank. I would think under the circumstance with explanations added to their credit files which you are allowed to add, their credit will not be hurt..

Just don't wait on this because it sounds like your brother is moving very very quickly to destroy all the assets.
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Don't wait another minute, contact the police, the bank, an Elder Law Attorney, in that order. No warning of this to brother. There are laws for this and it will be handled the proper way. They will handle it and advise you. Don't wait another minute.
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The absolute first thing you do is to contact and eldercare specialist for advice and help. You can also contact every single account you are aware of and advise them of the situation and that you have or are getting an attorney to take legal steps. In the meantime, ask for their help to freeze all assets, etc. Also file a complaint with the police and the local OFFICE ON AGING. They can help. Notify every single person you can think of - verbally and IN WRITING. You may need proof down the road that you have done all you could. Good luck.
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Report to Adult Protective Services also for financial abuse of an elder.
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