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Jewish World Review Feb. 18, 2008 / 12 Adar I 5768 Child fears exploitation is destroying Mom's nest egg By Jan L. Warner & Jan Collins http://www.JewishWorldReview.com | Q: I would like to know just how much power a person has when they are named as an agent in a power of attorney situation. My sister is acting under a power of attorney for our mother, who has both Parkinson's disease and dementia, and has no clue what is going on with her assets and income. Do the papers have to be notarized and witnessed by the notary? I ask this because I believe my sister forged Mom's name on the power of attorney. In the meantime, my sister is spending all of Mom's monthly income and savings as she pleases. In the last four years, she has spent more than $140,000 of Mom's money. Most of this money was gambled away and spent on material things for herself and her husband. In addition, since my sister's name is on my mother's checking account, she just transfers all of Mom's direct-deposited checks into her and her husband's checking account each month and leaves Mom's account empty. I can't understand why the bank is letting this happen. May I also add that my sister is getting paid by the government through a state waiver program for taking care of our mother? What can I do to stop all of this? Can my sister be prosecuted for elder abuse if tell the authorities that she is exploiting our mother? I am desperate and afraid there will be nothing left to give my dear mother even a proper burial. A: Whoa! First of all, it is unbelievable that the conduct you describe has gone on for four years without you or someone else having taken some action to stop it. This is especially true if, as you allege, your mother participates in some type of Medicaid-waiver program in your state of residence, because these programs are means-tested — meaning that governmental employees are supposed to be checking your mother's income and assets to make sure she continues to qualify. If $140,000 has been siphoned from your mother's accounts over four years, we believe that a state investigator would have picked it up. If the power of attorney was forged by your sister, as you say, it would be void; however, it appears to us that, having this knowledge, you should have hired a handwriting expert to make this determination or just turned it over to the police for investigation. If your sister's name is on your mother's accounts as an authorized signer, your sister would have the right to access the account, but would own only what she has contributed to the account during your mother's life. At your mother's death, any funds remaining in the account would belong to your sister if her name is still on the account. "Exploitation" covers a myriad of acts that cause detriment to vulnerable adults, and can include a dominant person 1) making a vulnerable adult participate in activities that are unlawful or contrary to the rational desires of the vulnerable adult; 2) using a vulnerable adult's funds, assets, property, power of attorney or guardianship/conservatorship for the profit or advantage of the dominant person or another; and 3) requiring a vulnerable adult to purchase goods or services that will result in profits for the seller by using undue influence, harassment, coercion, overreaching, cheating or fraud and cause the vulnerable adult to lose money or other property. Here, assuming your facts are correct, it appears that your mother is being exploited; However, for the life of us, we can't understand how you could know the problem exists and sit back for so long and do nothing. You should contact the proper authorities — now. Every weekday JewishWorldReview.com publishes what many in in the media and Washington consider "must-reading". Sign up for the daily JWR update. It's free. Just click here. JAN L. WARNER received his A.B. and J.D. degrees from the University of South Carolina and earned a Master of Legal Letters (L.L.M.) in Taxation from the Emory University School of Law in Atlanta, Georgia. He is a frequent lecturer at legal education and public information programs throughout the United States. His articles have been published in national and state legal publications. Jan Collins began co-authoring Flying SoloŽ in 1989. She has more than 27 years of experience as a journalist, writer, and editor. To comment or ask a question, please click here. Archives © 2008, Jan Warner

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