Reply to father's house being foreclosed: what to do? Or do nothing?

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[quote=Anonymous][quote=Anonymous]I don't agree that there is no crime here. POAs have fiduciary duties. They are not  allowed to abuse their powers. If the brother used the POA to steal money and spend it on himself, it's a crime and it's elder abuse. Every state has an elder abuse reporting hotline. I would call the hotline and ask about it. Most lawyers know very little about elder abuse.

As far as what to do -- I'd make arrangements for my father to go to a nursing home or assisted living apartment or senior apartment.  I'd also hire an elder lawyer and apply for guardianship. Once I had the guardianship, I would revoke the POA. [/quote]

Excuse me.  10:40 here.

I believe I said exactly that in a different way.  I said no crime IF he didn't exceed the scope of the POA, which necessarily includes exercising his fiduciary duty and not abusing it.  And I said, as you did, to get an elder law attorney.  Is there an echo in here?  :wink:

So while you may "disagree" that no crime was committed, your disagreement is based on a whole host of assumptions that I specifically made a major qualifier in my assessment.

Just pesky little details like that, that make the difference between criminal behavior and not...  :?  :shock:  :roll: [/quote]

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