My brother was supposed to pay our mother's bill at a LTC facility. I received a letter from that facility indicating that morher's bill was in arreages in upwards of 60K, and that she would have to be evicted if my brother/someone did not pay that bill. Nice me signed on to become guardian. During the waiting period, about three months, monies were accruing in mother's bank account but unknowing to me, my brother withdrew those funds as well. Upon approval of guardianship, when I went to make the withdrawal, the money was gone! Now, I have been given a deadline for the arreages for those three months, but I don't have it. My brother is gone somewhere, no one knows where.

I wanted to serve him with papers in order to sue him. The LTC facility has informed me that if arreages are not satisfied, mother will be evicted. I am afraid that move will kill her! Can I sue my brother on my own?

This question has been closed for answers. Ask a New Question.
Sorry; I just glanced at your post again and see that your brother was a joint signatory on the account.
Helpful Answer (0)

I assume your brother was a joint account holder with your mother? Or did he take the monies allegedly pursuant to a DPOA? If the former, he might be guilty of elder fraud, an actionable offense. If the latter, there's a breach of financial responsibilities which I'm sure would be actionable in court.

Report the theft to the police as Pam suggests and find out if the theft is both civil and/or criminal, and what data you need to present for the police to investigate. Reporting it to the court might put them in the position of pursuing your brother instead of your having to do it.

I'd also follow Blannie's advice as well to ensure that your mother has a place to be. Are there any other financial holdings that you can cash in? I don't know if Medicaid will pay for LTC, but someone else who posts might have an answer to that. If so, that might be a temporary option, in the event the funds are gone and can't be recovered, which really is a job for law enforcement.

In the meantime, I'd also report the theft to each of the 3 credit reporting bureaus. I don't know for sure if that's something they report, but it's worth a try.

If you were to sue him individually, generally at least under Michigan Court rules, the plaintiff could not serve the defendant; services had to be made by an independent party. That might have changed with the advent of e-filing though.

You'd also really need the advice of an attorney unless you have a lot of experience with litigation or are a law student or attorney yourself.

I'm so sorry to learn of this sad situation; it's difficult enough to be a caregiver without being robbed by your sibling.
Helpful Answer (0)

Report the theft to the judge who appointed you. Guardians are obliged to report serious financial discrepancies.
Helpful Answer (3)

You need to contact an elder care attorney and the police. If your brother has disappeared, I'm not sure how suing him will get your mom's money back in the time required.

I'd work on finding her either another place to live or trying to get an attorney to put a hold on the eviction. I'd contact the police about your brother's theft. I think you're wasting time trying to sue your brother when you have more immediate concerns- keeping your mom in the facility. A lawsuit could take YEARS to go through the courts.
Helpful Answer (2)

This question has been closed for answers. Ask a New Question.
Subscribe to
Our Newsletter