Full question:
After my mother entered the hospital, and will be going to a rehab nursing home from there, as she has some dementia, I have become poa and have found that my son (her grandson) has been using her atm card for a number of years to withdraw approx. 600 to $900.00 cash of her money, and approx. $400.00 toward grocery store purchases per month.....of course when I confronted him he denied it and said that my mother knew about it; she has nothing in her home to show for all of these monthly withdrawals, and I have never seen even $200.00 of food in her home.....she was lying in bed and not eating anything substantial for the past couple of months. I am appalled at this discovery and wondering what can be done to serve justice to her? Thank You Please indicate if I have a good case and what type of sanctions would follow a guilty decision; I am willing to file charges on my son for justice to my mother; she is 90 years old and has been seriously taken advantage of by her grandson and his live-in girlfriend; we are talking probably $1,000.00 per month that she could have used for herself and/or put in her savings.....my son needs to be accountable for these actions; additionally some of her friends, gardener, and tradesmen have taken advantage of her impairment.
- Category: Misc
- Date:
- State: California
Answer:
This is a troubling situation. First, you need to stop your son from accessing your mother's funds. If you haven't done so, cancel her ATM card immediately to prevent further withdrawals. If necessary, consult a lawyer to assist with this.
Regarding consequences for your son, you could report his actions to the police for theft. However, if he claims your mother allowed him to use the card, it may complicate the case, especially given her dementia. If convicted, he could face jail time, probation, or be ordered to repay the money.
To recover the money, you might consider a civil suit for misappropriation. This would require hiring a local attorney, and keep in mind that if your son lacks assets or income, collecting any judgment may be difficult.
As for the others who may have taken advantage of your mother, pursuing claims against them is likely not worth the effort unless their actions continue. Focus on ensuring your mother's safety and financial security first.
Good luck, and I hope you find a resolution that brings you peace.
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