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We are the executors of my neighbors estate. There was an extended family member as her POA. She was in assisted living since 2012 and passed 03/2017. we are now trying to clear of the estate---we are finding bills were not paid to the home--or medical care staff for the last 6 months she lived----he left the fire insurance lapse on the property--never told us----all this because he says she ran out of money. Did NOT seem possible--so we accessed bank records to find he was taking care of no one but himself. He not only ripped her off for more than 50,000--that we know of so far---he signed over her car to himself--and two of the 5 lots of property, that was left to us, splitting the property in half. so we not only had to pay all her bills to clear the deed to the house--we also had to buy back the 2 lots that he took!!! He took most of her furniture and two file cabinets that had all the important papers in that we now need. At the funeral --the undertaker said he asked for the death certificates---since he was a family member he didn't question giving him the papers--again---we needed them---and what did he want with them??? we never did find any insurance policies---and I know these people were insured. This all seems a little over the top for a POA--only. The property and all their possessions were left to us---what was left--that is !! This guy needs to be taken down--but where do I start? The state agencies seem to take forever to get on this stuff---and I'm not sure if a lawyer would take this ----do we have enough against him so far--with the bank statements and the fact this property was taken and then we had to buy it from him??

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I would head to the police or county prosecutor's office. Bring the information you have and they should direct you on the next step. Run, don't walk! Call your state Insurance commissioner. Seek advice on how to determine the existence of life insurance policies. Then when you identify if there are any, you can put a stop payment on proceeds being paid out --- in case the POA changed the beneficiary.
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Have you tried asking the former POA for the documentation?
Is he contesting the will?
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We did approach the former POA--and he says he has nothing that we need. He says she ran out of money--which we now know for sure was a lie, since it was by his hand that the money was depleted. We only acquired a total of nine months of bank statements, out of the 5 years he was "taking care" of her finances---so I'm sure it's well over the 50,000 that we KNOW he took. I looked after these people for the last 20 of the 43 years we lived side by side---I took care of their business many times--I knew what kind of income they had and KNEW there was no way the Mrs.--who was the last to pass, should EVER run out of money. Her caring husband tried to have everything he could taken care of for her well being before he died of cancer in 10/2010. And no----the former POA is not contesting the will. He at this point got more out of the abuse of the POA----tax free--I might add--than we will be left with --since we had to pay all outstanding bills for her care---fuel oil---and we as a family cut and maintained all her property while she was away--because we wanted to ---we were not doing it to be paid., and now we'll probablt end up with a bunch of legal fees too till we get to the bottom of this. This guy never once cut a blade of grass---did any maintenance on the house as it needed it-----never took a thing to her in the home---(shampoo, toothbrush etc.) in all the years she was there---we provided all those things and made regular visitation---because we wanted to --her and her husband were like family to us--and I'd do it all over again. This guy didn't even take her clothing out to her. He just dumped her there and left--no clothing--no nothing. We tried to help in this matter before she died. I KNEW he was up to no good---but the lawyer who was actually named her co-POA with this guy----didn't want to hear anything about it. I'm not a lawyer--and know nothing about handling this stuff--but I want to get him----that's what I need to know--I'm also going to report him to the IRS--but we--acting as the agent to the estate will find a way for him to pay back all he stoled.
so Geewiz--------------he could have changed the beneficiary???? He could actually do that??? See --I just don't know where to start. If he did do that---he's already got the money I'm sure. what kind of charge would that be against him?? Fraud??
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As he took over $500, he would be charged with grand larceny, which is a felony. As POA, he is unable to use that money for anyone other than the person's benefit that he is POA for. He cannot use it for himself and would be required to prove with receipts how he spent any money he took. Call your local Adult Protective Services office. They will give you the number to the DA's office, the Economic Crimes Bureau.
Good luck!
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