What can I do about a case of financial elder abuse?

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What can I do about a case of financial elder abuse?

The durable power of attorney for my mother is her son. He has misappropriated funds, cheated her and the IRS and intimidates her. I reported it to the police and they documented it but that’s all they’ll do. They told me to have her change the power of attorney. However, when she mentioned it to him, he intimidated her.

Asked on January 21, 2016 under Estate Planning, California

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You need to contact the appropriate authorities. Here is a link to a site that you will find to be of help:
http://www.dca.ca.gov/consumer/seniors/elder_abuse.shtml
You should also consult directly with an elder abuse attoreny as to taking action against this woman's son regarding the misappropriated funds. 

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Since the police have not taken any action in the case, it would be advisable to contact the district attorney's office.  In CA, financial elder abuse is a crime.
It would also be advisable to speak with an Elder Law attorney regarding filing a lawsuit to recover the misappropriated funds.


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