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What can I do about my sister who has power of attorney but miss uses the money

Greenbelt, MD |

My sister and brother is going on shopping sprees with my mother's money this has been going on for year's my mother doesn't have enough money for her medication. What could be done to stop this?

Attorney Answers 4


  1. There are a lot of details necessary to give a good answer to your query which you have left out. Does your mother herself believe your sister and brother are stealing or misusing her money? Or is your mother ok with your siblings getting some benefits from her money? If you try to step in and save your mother when she does not want you to save her, you could find yourself on the "outs" and then you will be in a worse position. On the other hand, if your siblings are committing elder abuse, and your mother is a really vulnerable person, then you should consult with an elder law attorney to get the legal advice you need. I am going to tag your question for elder law also to direct it to those attorneys.

    Office: (410) 381-1656. This is NOT legal advice, is GENERAL INFORMATION ONLY, and does NOT establish an Attorney/Client Relationship with you because you have not yet retained me, and because you have not provided me with a COMPLETE set of all the FACTS in your legal situation. Therefore my answer cannot address your specific legal situation and you should not rely upon my answer in your legal matter. This answer is provided as GENERAL INFORMATION ONLY, and to assist you in beginning your own research or in finding an attorney to represent you. I am an attorney licensed in Maryland and California. If you want me to provide legal advice, then you must call for a Consultation. If you would like me to represent you, then a Retainer and a fully signed and dated Legal Services Agreement (a contract) will be required. Office: (410) 381-1656. David Mahood, Esq.


  2. Mr. Mahood offers a good practical answer. The short answer to your question is that you need to file to become her guardian or conservator - which means only you have access to her accounts but can only use them for her (Mom's) good.

    This is not legal advice nor intended to create an attorney-client relationship. The information provided here is informational in nature only. This attorney may not be licensed in the jurisdiction which you have a question about so the answer could be only general in nature. Visit Steve Zelinger's website: http://www.stevenzelinger.com/


  3. I agree with the answers you've already been given, but I'd just also add that IF your mother is competent, she could certainly revoke the power of attorney and appoint a new agent. In any event, I recommend that you consult with an experienced elder law attorney in your area.

    It is impossible to give specific answers to questions without meeting and fully discussing all of the potential issues that may not be addressed by your question. The answer(s) provided should be considered general information and are not legal advice. Viewing this information is not intended to create, and does not constitute, an attorney-client relationship. The answer provided is intended to educate you and point to issues for you to raise in a consultation with a lawyer. You should not take any action that might affect your claim(s) without first seeking the professional opinion of a licensed attorney.


  4. Retain a lawyer and file a petition to have yourself appointed guardian over your mother.

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