While in Nursing Home, my brother had poa and moved his 43 yr old son into my condo. It cost me $25,000. Can I sue brother?

Asked over 4 years ago - Baltimore, MD

My entire retirement account (over $100,000) was emptied. Only $63,000 of it was for my medical expenses. The rest was for his son's support.
Brother said his son was going to get job, pay rent, and utils. He did not. I paid son's traffic tickets, bail and things like a $300 guitar. I wasn't asked!.
This was for the period of Jan-Oct of 2009. I ended up also having to pay over $5,000 in taxes because of this. I was in a hospital bed for this whole year.
Bro took many of my things back to CA to keep them "safe." I believe he has sold much of it.
My brother was extremely reckless his poa. I have no savings now and am on a very fixed income.
I have made him aware of my hardships. He offers no help. He has $, 2 homes, a boat, etc.
He feels no remorse or compassion for me.

Attorney answers (2)

  1. Anne Debelius Lopiano

    Contributor Level 11

    Answered . Yes -- you can sue him civilly. There is a brand new statuate in Maryland ("Lorretta's Law") that specifically allows you to hold your agent (brother) accountable for his mis-use of your funds. You may also contact your local State's Attorney Office (the elder law division) to ask to have this prosecuted as a crime under the Maryland criminal code, and to have him ordred to make restitution to you. You will want to hire an attorney if you choose the the civil suit route.

  2. Glenn A Jarrett

    Contributor Level 14

    Answered . Your brother had a fiduciary duty to you while he was acting as your agent under your power of attorney. If he misused the power of attorney, he could be liable to you. You should consult a lawyer experienced in litigation regarding this serious matter. You may also be able to ask the attorney general's office for help if Maryland's laws permit the attorney general to do so.

    I hope this helps. If you think this post was helpful, please check the thumbs up (helpful) tab below. Thank you!

    My comments are not intended to establish an attorney-client relationship, are not confidential, and are not intended to constitute legal advice. Proper legal advice can only be given by an attorney who agrees to represent you, who reviews the facts of your specific case, who does not have a conflict of interest preventing the representation, and who is licensed as an attorney in the state where the law applies.

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