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My Grandmother is a 89 year old who lives in a senior building alone. She is suffering with early stages of dementia but still is able to do for herself. We make sure all her bills are paid and she has everything need. The problem is my mom signed a document making herself power of attorney without my Grand-mom's consent. She even had it notorized without my grandmother being present. She has used to the document to be able to be placed on bank accounts which she is not writing checks to herself and withdrawing money using a ATM card that she has in her possession. My grand-mom has no idea that she is on her account nor that she has a ATM card. Every month for the past 3-6 months my mom withdraws around $500.00 for her own personal use. Every visit we make to my grand-mom's she never has groceries or other personal items that she needs. When ask if she wants us to take her to store she always says no because she doesn't have any money. My my is taking full advantage and stealing. What would I need to do to have this fraudulant document investigate and second to bring charges against my mom for forging my grandmothers signature to get this document to for the sole reason to miss-use financial funds?

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DColson64, I am just curious how did you find out that your mother has your grandmother's Power of Attorney? Who told you that your mother used the POA to make changes to the bank accounts and that it is your mother who is drawing out $500 every month? Like I said, just curious.

Was this something that your mother had told you or was it your grandmother who said this? If it was something that your grandmother had said, you would need to check it out as with dementia, even if it is early dementia, there can be some confusion. I am noticing that with my Dad, he will become obsessed with something financial that he is thinking incorrectly.
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Jessie makes a good point. Although I haven't read the HIPAA statute, it's my understanding that it's only for medical privacy, not legal or financial. Double check with APS; this explanation doesn't make sense.

Perhaps APS didn't understand that you were concerned about financial fraud as opposed to a medical issue.

She also raises a good point in that proof is necessary to document forgery. One way would be to locate and contact the notary and ask her to confirm that she saw identification for your GM before signing the POA. You could also show her photos of GM and your mother and ask her to identify which one asked her to notarize the signature.
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I am a bit confused about HIPAA. This concerns healthcare privacy, but not legal matters. Something else I wonder is if your gma may have consented to the POA, but doesn't remember. It would be up to you to show the POA is forged and that money was spent for something else besides your gma's care. APS may not have investigated more, since they could not find proof of this.

What stage of dementia is your gma?
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You wrote your hands are tied until you can file charges. I don't understand why you can't file them now? Since APS hasn't chosen to do so, you'll have to go to the police to request investigation and intervention.
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I've just checked your profile and you state that you're caring for your grandmother rwho has alzheimers/dementia and is living at home, .

If she's been diagnosed as such and this isn't just a supposition on the part of a nonmedical person, that injects a different issue. If she was diagnosed, did the physician make a determination that she could still manage her affairs?
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Your mother has engaged in fraud and criminal acts. Your father is a co-conspirator. Go to the police, first thing tomorrow morning. Also advise the banks that they have unwittingly been duped into allowing your mother access through her fraudulent acts. Ask them what it will take to prevent your mother from further accessing your grandmother's funds.

And go back to APS and inform them that they have failed to act on an issue of financial abuse to a vulnerable elder, that you intend to involve the police and will not stop until the illegal activities have been stopped.

I was trying to think if you could get a PPO, but I don't think so under the circumstances unless your grandmother would go to the police station or courthouse with you to request a PPO be granted against your mother.

How is it that you found out about this? Do you have copies of the fraudulent DPOA as well as any bank statements?

Talk to the management of the senior building and inform them of the fraudulent actions and ask what is required to prevent your mother from access, if she still is visiting.
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I'd probably be a thorn in the side of Adult Protective Services, the bank and the cops. Beyond that I don't know what else. Can you afford an attorney?
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I just need directions as to where to begin. I need to get my g-mom the help she needs, and I want to have her come live with me but everything I try to do that I feel is best for my g-mom, my my tries to block. Now the she has the illegal power of attorney form my hands are tied until I can file charges
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I learned that my stepdad had someone he knows notorize the form with out my grand-mom being present
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Thank you for responding. I've already been in contact with Adult Protevtive Service after they interviewed my grand-mother and my mother who is a manipulator and very good actress the claim there was no findings and closed the case. This was about 2 months ago, but they claim because of hippa laws they could not disclose the information in the report.
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BTW, one cannot get POA without the person's permission. It can only be assigned by the person. To get a form notarized without your grandmother, your mother would have had to misrepresent herself or pay a notary to stamp it without witnessing the signature. Both of these would be illegal.
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If you know this is happening, please let Adult Protective Services know about it. What your mother is doing is very illegal -- forging documents and stealing money. She may have to do some jail time, but what she is doing to her mother is totally rotten. I am glad that you are there for your grandmother.

I am surprised the banks let her add her name to your grandmother's accounts without your grandmother being there. Banks tend to be cautious with POAs. This is a good example of why they are.

Your grandmother does need POAs for finance and healthcare, but it sounds like your mother isn't the one who should be it. Do you know who is dependable and honest who could be the POA?
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