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Can I stop my brother taking our mother's money for bad investments while not paying mom's household utilities bills, etc?

Asked over 2 years ago - Spokane, WA

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My brother is our mother's caregiver. He has been covertly using mom's money for sketchy investments while not paying several utilities bills, etc for months.. I am seeking durable power of attorney to separate him from her money. I believe my mom's doctor will sign the necessary paperwork about competence. I will administer a monthly stipend for my brother's health & car insurance and other expenses.
He retired early to take care of mom but in short order invested his retirement money into nothing. Now he is doing this to our mom. Unfortunately she thinks he is the bright & trusted son (elder). Do I have a chance to save my mom from the poor house?

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Attorney answers (2)

Michael James Pratum

Reputation Level 8

Answered over 2 years ago. DUI / DWI Attorney in Auburn, WA.

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There are elder abuse laws in the state of Washington that have criminal consequences. Proof is often complicated and difficult. Question number one: do you want to go that route? From personal experience handling this type of case, I can tell you this is a difficult family decision. Question number 2: what other options are there? Consult a probate and estate attorney in Spokane. If your mother is competent to sign documents then there are steps you can take to change the designation of who is the caretaker for her and her assets. There are legal issues related to competence which you can discuss with your attorney.

These cases are frequently a product of misplaced trust in a relative for the perception you mention (elder child or other relative = knowledge & responsiblity).

Act quickly. Removal of assets by an abusive caretaker can happen very quickly and it may be very difficult to reproduce the paper trail leading back to the cuprit, or it may be very difficult to prove improper/criminal intent.

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Matthew M Luedke, licensed in Washington

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Matthew M Luedke

Reputation Level 9

Answered about 2 years ago. Elder Law Attorney in Spokane, WA.

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Another option not discussed in the other post is to petition the court for Guardianship over the estate of your mother. If you have a Durable Power of Attorney that names you to act as Attorney in Fact for your mother and only need doctor's letters stating that she is incapacitated or can no longer manage her financial affairs, then you are well on your way. Get the letters, send copies to her banks, and take over the payment of bills, etc.

If you do not, and your mother is not competent to sign a new Durable Power of Attorney, then you can, and should, consider calling Adult Protective Services or filing for Guardianship. I will tell you that neither of these scenarios lead to happy families, but it sounds to me like you are approaching that line anyway.

Matthew M. Luedke
Attorney at Law
Spokane, WA

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