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I suspect elderly financial exploitation of my family member that resided in another state. Previous person that held Durable POA did not relinquish records from 4 banks over a 2 year period. I remain without 1099s, tax returns as he changed addresses multiple times.

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Reply to thingsarecrazy8
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Imho, contact an elder law attorney.
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Reply to Llamalover47
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Set up online statements for the bank. The IRS has a get my transcript tool for tax returns, W2s and 1099s.
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Reply to Stacy0122
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Report to your local authorities. They will have it checked into. If there is fraud, the local court may appoint a legal guardian for the senior to manage finances and/or medical affairs.

If you do not have POA, the family member does not have to tell you anything. That is the potential problem with POAs.
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Reply to Taarna
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So you are the new durable POA?
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Reply to NYDaughterInLaw
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He should provide you with bank records, you have the right to know. If he is not doing this, he might have something to hide.
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Reply to Isabelsdaughter
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AlvaDeer Jan 24, 2021
The POA has NO OBLIGATION to divulge private financial information,and in fact SHOULD NOT do so. The POA is appointed by an elder to act as directed to act by the elder, or if the elder is no longer able to act, then to act in the best interests of the elder and FOR the elder. He/she should not be divulging private financial to anyone else, just as the elder would not have to. If there is any evidence of financial fraud a case can be opened with APS or the person suspecting fraud can attend an attorney with their evidence of fraud to see how to proceed. NO ONE has any right to ANY financial information of any elder unless that right is given them by the elder themselves.
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Contact and elder care attorney.

Consults are typically free.

An attorney will be more able to discern if criminal activity has taken place.

A POA or DPOA has to always act in the best interest of the elder. If they do not, it may be a crime in some situations.
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Reply to Heather10
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Call Elder Services in that area. There are two parts to Elder Abuse: one is an Elder at Risk. The other is abuse which can be physical, emotional, financial, sexual.
They do NOT divulge who made the report. You can safely deny to family that you did it! I made many reports over the years as a home health nurse and never was it ever told to patient or family that it was me. It allowed me the safety to be able to remain in the home monitoring the situation.
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Reply to Waterspirit
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For the banks, contact them and ask for copies of what you need. Tax returns will have to come from IRS, so call and see about getting an appointment to go to your local office with your paperwork in hand. You can explain why you need them/why you don't have the prior years returns. You might also have a cpa do the taxes this year and see if they can request previous years returns. Call one and ask.
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Reply to my2cents
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If you are the new POA, perhaps you could present your POA paperwork at each of these banks and ask for copies of the records. I believe that banks keep everything for 3.5 years. If you find evidence of exploitation in those records, you can contact law enforcement.
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Reply to akdaughter
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I don't understand why 1099 and tax returns are mentioned... Are you saying you are the current durable PoA for the family member? Was the family member moving around with the previous PoA? Please provide more info.
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Reply to Geaton777
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So much missing here. No one but the POA has any rights to any records, other than the person who conferred POA upon them. I assume you family member is now incompetent; is that correct? Then the POA will serve to handle all his or her financial affairs in his or her best interest. That POA doesn't owe you or other family members any explanations. That POA is also responsible to file and handle tax returns, and tax payments. And that information is also not yours.
If you suspect that an incompetent adult has conferred POA on someone who is incompetent to do the job, or who is doing the job with malice do contact APS with your evidence and suspicions. They will pay a visit to the POA and make certain they are acting in the Elder's interest.
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Reply to AlvaDeer
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