POA taken away by family member with allegations against me of financial abuse. Any suggestions?

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Family members took incapacitated Mom and Brother to an attorney when they were both deemed incompetent to make their own decisions, to an attorney that decided they could change POA and did it, the allegation was that I was stealing their money, but it was unfounded when I produced clear exact documentation of how their money was being spent. Now I need to get POA back from the family member who only wants the possessions left to Brother since Mom recently passed. This includes the home, RV and other vehicles this family member has been trying to get from Mom and Brother for quite some time. I am afraid that once they get things in their own names and out of Brothers, they will make up an allegation about his inappropriate behavior (based on organic brain disorder and dementia) and have him taken away by the state, getting him out of their hair. But gaining control of his fitful property and bank accounts.
I have been saving for his care for nearly 10 years with Cd's and other investment accounts, and now they have it all, and I do not know if it has been spent among the family members or is even in tact.
I so need advise. Attempted to see an attorney locally, and this attorney has a GOOd relationship with the one I feel made a bad decision in allowing POA to change, and refuses to hear my case, leaving me to travel nearly 5 hours to find another attorney who may handle elder care issues, and still not knowing if I will get POA back to protect Brother. Not to mention, I do not have the financial ability tonight them (since they are using the money I had stocked away to care for him, to pay for this unethical attorneys services, and they have an unlimited amount of $$$ to fight, and I have nothing.)
Any suggestions? I just want him safe and his money back to him, I do not care a lick about owning anything he has, it is his and it should be used to care for him in the BEST way possible. He deserves that.
Also this atty says I can not speak to him.

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Just a thought - would you have an option to contact a judge or the court that would have ruled on the change of POA had you been able to contest it beforehand, and see if any one there could be of help? The situation being that the POA was inappropriately changed for someone who was not competent to change it, you were not acting inappropriately at all, but the person it was changed to is still acting as if they have a valid POA and you think this is not right, and now you are without funds? Or, are there any resources via the office of Long Term Care or other social service agencies in your state?
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Typically an attorney or even another attorney from the same firm cannot switch allegienaces and help a different party in a dispute due to "conflict of interest." Right or wrong, the attorney is locked into working for the current POAs best interest. I guess that is supposed to prevent attorneys from just switching sides to whoever can pay them more, or using what they learn in confidence from one person to the benefit or detriment of another.

Now the facts of your case include someone changing POA for a person who had been deemed incompetent, which is not usually permissible without demonstrating the POA has failed to act in accordance with the requirements of their POA/in the person's best interest. That change of POA should in fact be void if obtained under false pretense. If you have the documentation of loss of competence that normally just triggers the DPOA to be in effect, adult protective services should be interested in that and at the very least might have alternatives for your legal help. Going out of town to a different person may be what you have to do, but its suprising there are not more eldercare attorneys around a little closer than 5 hours away who could help. As far as trying to dump him off on the state, if Medicaid kicks in they have look-back and penalty periods, I thought? Not sure they can get away with what you think they are planning or not. Getting a formal guardianship may be more expesnive but "safer" with greedy family members in the background...this is a tough spot to be in, and I hope there is a better solution than walking away.
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Lori, I could NEVER walk away, because I anticipate the use and draining of his accounts, and then the dumping of him with allegations of inappropriate behavior by her. I can not let him go through that terrible phase, he does NOT deserve that, but I can not disagree it did not cross my mind as an anger response against the family.
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Pstiegman, no one has been appointed anything for him. I am contemplating becoming the guardian, or requesting the court make someone ELSE not the family member the guardian, to be sure he is protected.
Butterfly, bless you for understanding, and sharing your wisdom.
Angel whispers, you have some GREAT advice, thank you.
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If they are incompetent, someone was appointed Guardian and has to file annual reports with the courts. Save your own mental health and let the courts do their job.
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57Metlady, you are in a no win situation. I had this exact thing done to me when I was POA for my parents. Depending on your health and how much you want to protect, consider walking away from the whole thing before you have a nervous breakdown. Get Elder Abuse involved and let them take it on. The attorney who did the paperwork is less than reputable - more than likely was paid a handsome sum. There are many good ones out there, but enough bad apples who seem to smell money and valuables. I'm sorry for your situation, as I do know how much it hurts, and especially if they are siblings. God bless you for caring, a thought that I always found comfort, "And the truth shall set you free". xxxooo
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I'm an only child who cared for her demented mom for 12 years before she passed away. Believe me, if someone had intervened like this, even with bad intentions and money as the motive, I would have been more than happy just to walk away from the whole mess and let them struggle with it.
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1) With the help of an attorney, file a court claim challenging the validity of the power of attorney. Grounds for challenging could be that you dispute whether the person who granted the power of attorney, called the principal, truly is disabled. Or, you might question the circumstances under which the principal granted the power of attorney to the agent. Use the latter case if you suspect the agent is less than honest.

2) Demand an accounting from an agent if you suspect malicious mischief. The judge can compel the agent to show how he has spent money in the past 60 days, for example, or demonstrate why he sold a piece of property belonging to the principal.

3) Prove that the agent is misusing her power of attorney. Collect bank statements, for instance, that show the agent has withdrawn large sums of money.

4)Bar an agent from performing a certain act through legal action. Use this measure if the principal has a valuable collection, for instance, and you don't want it sold for sentimental reasons. You can also modify the scope of an agent's abilities.

5) Make it necessary for a third party to sign off on certain transactions performed by the agent. Requiring two signatures on a document is a valuable stopgap that distributes power and limits the potential for abuse.
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