How to legally take control of our mother's money to prevent her from sending it to an online romance scammer?
Asked on May 21st, 2019 on Elder Law - Massachusetts
More details to this question:
She is being wooed by a total fraud and is unable to be reasoned with. She has just begun sending him gift cards. Western Union turned her down when she tried to wire him funds, as they told her it was a scam. She does not believe it.
If your mother has not granted and does not have legal capacity to grant you a Durable Power of Attorney and has not protected at least some of her money from her own folly in an income only trust, you may need to seek conservatorship (guardianship of her estate). It will only be granted if she lacks legal capacity. We all have a Constitutional right to be fools. You can find a local elder lawyer to advise on your specific situation by using the Find a Lawyer function of the National Academy of Elder Law Attorneys (www.naela.org).
This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.
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