In the matter of Jane Doe, a legally incapacitated individual
Aug 20, 2009OUTCOME: Won-thief- son ordered to repay Mom
This was a family dispute between siblings and thus the name Doe is used. My client is a good guy who was forced to go after his brother when he objected to my client becoming Guardian/Conservator. T ... he brother was taking money from Mom and she needed that money for her care. Unfortunately, 68% of all elder financial abuse is by family members. In my case, Mom was just getting to the point where she needed home care and one son was taking advantage of her incapacity. He would convince her to constantly "loan" him money he had not intention of repaying and he even took money out of her account while she was in the hospital with a heart condition and dementia. This is not uncommon, this is a good family all other siblings would do anything for mom. After several days of trial, the judge termed the bad son a "thief in the night" and order the conservator to seek prosecution and repayment of the Mom's funds that he either took or got her to give him since she lost her abilities. The actual names are withheld to protect the privacy of the family.
