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Would it be a violation of an oop to inquire who has taken power of attorney from my elder father?

Tucson, AZ |

My father appointed me as first choice health proxy,my daughter second on file in the regional office of disabled american vets., he had appointed me as his power of attorney to file his re-eval for comp.,and pension, we moved at his request,cross country to care for him. Unknown to us, siblings had been coercing him to give monies to them from a trust we did not know about. At his request, we brought him to a lawyer,within hours,these people attacked us physically,obtained oop making claims they could not prove, now, my father is physically missing as told to us by his best friend of over 45 years,we discovered these siblings also had quit claimed the house way from him,have taken his car, made him pay for a homeowners policy on a house he did not legally own as well as property taxes,

Attorney Answers 4


I think you have described big problems. Assuming a few things you might first go to the lawyer you took him to and explain what you have found out. If you really think your father is in danger contact the police first. If you don't think he is in danger at least get a missing person report filed.

If you have the funds to hire a private investigator meet with them and your fathers attorney to make a plan.

Good luck and I hope things work out quickly but I fear they won't.

Doug Holbrook

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If I understand this correctly, your father had some estate planning performed by an attorney that you brought him too and you have come to find out that the siblings had previously got your father to make questionable purchases and gifts. Now there is an Order of Protection entered against you and you cannot contact your father (at least not without violating this order of protection).

I recommend consulting an experienced local elder law attorney for assistance. I would not recommend consulting the attorney that you took your father to previously because that attorney may turn out to be an important witness for you. You ought to be able to review the public records to determine who is your father's power of attorney. But that is, of course, something that you would expect an attorney you may hire to do right away. In selecting an attorney, look for a lawyer who is experienced in litigation as well as elder law and/or estate matters. You should be able to do that using the find a lawyer tab here on Avvo as there are many great lawyers in the Tucson area.

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There is much contained in your fact summary. While this might be a case of elder abuse and exploitation, it could also reflect some attempt at Medicaid planning. As Attorney Tate Davis suggests, you should consult with an elder law attorney experienced in doing Medicaid planning in the state in which your father resides. A letter from that attorney might bring out more details.

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You need to call adult protective services and/or the police if your vulnerable adult father is actually missing and/or if you believe that you can demonstrate financial exploitation by one or more persons. Nobody has the right to loot their parents, and certainly not while their funds and property can be used for their benefit.

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