What can we do if we suspect POA fraud? - AgingCare.com

What can we do if we suspect POA fraud?

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My uncle was recently hospitilize and his handyman became his POA. We are skeptical of this decision. Papers were signed today. What do we do? We suspect fraud.

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If you uncle is cognitively sound, there may not be much you can do, however, if he's got some dementia issues and the POA is recent, you'd have a better chance of overturning this POA. You should see an elder law attorney if you have grounds to suspect fraud. Good luck,
Carol
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Dad remarried 12 years ago and has been stricken with dementia for the last couple years. His wife and her daughters have kept him away from his family on his side. His wife passed away today and we now discover that the step-daughter has taken my dad's name off the checking account, added hers and the deceased name is still on there also. Step daughter also added her name to my father's ssi deposit into this account. She has hidden his 1,000 monthly pension somewhere and we have no idea where and how much he has. She has stripped him of all his money, but she did call us to come and take him off her hands...how thoughtful of her wouldn't you say! We're going to have to get an attorney, but we are not in a position to be able to afford to pay a retainer, just lost my job. Have you seen these types of things take place before? I'm ready to string her up.
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My brother in law and sister in law have taken over my mother in laws money. She lived with them and they would never allow anyone to see her finances or her will. Now she is broke and on Medicaid. All the social security, dividends, annuity money and other money was taken by them along with your stocks and other money in her name and the sister in laws name who is the POA. What can I do to make things right. They now collect her annuity while she is in assisted living on medicaid and they must collect some portion of her social security. Every time I visit my mother in law her says they bring her a magazine every week. Its obvious that they are still packing away the fund. What can be done here?
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Karmabank, in order for your MIL to have been approved for Medicaid she had to have no assets ($2000 max) and also have to not have given away any assets in the last 5 years. If someone took her stock or she gave someone her stocks, then that had to be reported on the application. If it was not, Medicaid will find out and it will catch up with them. (You cannot hide assets from the federal government!)

If she is in a nursing home on Medicaid, there is no way they are collecting her SS -- the NH is getting that.

Either your in-laws were committing fraud and the government will catch up with that, or they were behaving honorably and there was some other explanation. Perhaps your MIL had high medical expenses or expenses connected with her impairments. This could include in-home care, respite care while they were caregiving, an adult health program, incontinence supplies, and who knows what else. And her son or daughter had to liquidate some assets to pay her expenses.

Her son or daughter as POA are not obligated to reveal her financial details to anyone else. That they wouldn't explain things to you might raise a red flag, or it might be honoring the mother's wishes. Hard to tell.

If you could "make things right" then all the money would go to the nursing home, and Medicaid would stop paying until the money ran out. If her POA was indeed stealing, then this would be appropriate. In any case, you and your spouse would not see any of the money. It should all go to MIL's care (as it should have been going to her care all along.) MIL's life won't change much either way, but if her POAs were stealing from her, I hope they get punished.
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