Recently found out my brother who is
power of attorney
over our parents has taken out two Mortgages out on there house for around $30,000. Our father has demeintia and mother is very withdrawn but is still aware of her surroundings. When I asked her about it she said noone told him to do that it almost seems as if my brother somehow keeps them from reporting incidents because this isn't the first time problems have came up regarding fraud with the P.O.A. I know my brother has been doing drugs for sometime now only thing is I live I. Georgia and they live in Ohio. Can you tell me what steps and who to connact to get help immediately before he smokes our parents out of house and home plz..thank you so much for your help.
The financial exploitation you are describing is a common form of elder abuse. I suggest that you find the agency responsible for "adult protective services" (APS) in the County in which your parents reside, and discuss your concerns with them. They can give you a general roadmap of how to proceed.
In general, there are two basic avenues you can explore. One is to request that the state, through ombudsmen and APS social workers, investigate. The other is to bring an action in probate court to have a guardian or conservator appointed by the probate court (this would require a lawyer and thus requires more monetary investment from you). The APS workers or the probate court can give more concrete advice, as well as you can ask the Ohio Bar association for a referral to an elder law attorney.
Another avenue you could consider is a new field called Elder Mediation.* Sometimes when out of town siblings are concerned about what the local sibling is doing, all that is really required is to clear the air and have good communication. A mediator can help families negotiate these challenging situations by holding a family meeting to discuss concerns and reach agreements. Often, these family meetings not only resolve present issues but put procedures in place for regular communication and for mechanisms to resolve future disagreements. And sometimes all that is required is to clear up some misunderstandings.
For example, what if you were to find out that one of your parents had $30,000 in legitimate expenses, that your brother needed to take out a reverse mortgage on the house to pay for that, and that your parent's dementia was what kept them from being fully cognizant of what your well intentioned brother was doing? What if, on top of that, you found out that your brother were spending several hours per day caring for your parents and that he turned down a promotion at his work so that he could continue to spend that much time with them? If you found out that were the case, you'd feel rather puny about calling your brother a dope head, wouldn't you? Especially since you live out of state and are not closely aware of day to day activities and needs of your parents, I strongly suggest that you avoid "trash talk" about your brother until you have some real proof of wrongdoing.
*To learn more about Elder Mediation you can google the term or look at mediate.com for articles about it
You should contact the Office on Aging, Adult Protective Services for the county in which your parents reside. The agency is charged with investigating allegations of abuse, neglect, or exploitation of the elderly. If the agency determines that there is cause to believe that your brother is exploiting your parents' assets and using them for his personal benefit, the agency will refer the case to the county probate court and request it to appoint a guardian for one or more of your parents. A valid
power of attorney
if often used to avoid the appointment of a guardian, but that is only if the POA works. The POA doesn't work if the agent is misusing his/her authority or if the elderly individual won't comply with the suggestions of the POA. In Ohio, the probate court is the supreme guardian and can (and often does) set aside powers of attorney. You should make this call as soon as possible because, if your brother is using their money and is also involved in illegal activity, it may not be possible to get the money back.
