QUESTION
What options do I have and what can I do to make sure the money cannot be sent to this prisoner?
Asked on Dec 17th, 2012 on Estate Planning - Michigan
More details to this question:
My father passed away Feb 2012. Prior to his passing, my parents had their wills created and my mother had a POA created, giving me POA over multiple areas, including all of her finances. I recently found out that she is being scammed by a prisoner - he is conning her into giving him money. The POA does not have an expiration date.
13 ANSWERS
Business Law Attorney serving Livonia, MI
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Gerald A. Bagazinski
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Run, do nt walk to the bank. Use the power of attorney to close or empty your mother's account. This is very common. If the account she is using receives electronic deposits of scoial security or pensions, go to the account on the day the money hits and withdraw it until the electronic deposits can be switched over. I would also contact the credit bureaus and have them issue an alert identity theft alert. You may need to open a conservatorship, but your power of attorney should be sufficient.
Answered on Dec 30th, 2012 at 10:11 AM
A power of attorney usually only applies under certain conditions so you'll need to review the terms of your grant of power. If your mother is competant to make her own decisions and your POA does not allow you to intervene, contact your local agency on aging, any other social agency dealing with seniors, or your mother's church and ask for their help in convincing your mother to stop sending money to this person. You can also contact the prison where this person is incarcerated and demand that they intervene.
Answered on Dec 19th, 2012 at 3:00 PM
Alternative Dispute Resolution Attorney serving Baltimore, MD
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Whiteford, Taylor & Preston L.L.P.
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Although the power of attorney gives you access to your mother's assets, she still retains ownership of and access to her assets. If your mother is falling for the scam because she lacks the mental capacity to realize that it is a scam, then you might be able to obtain guardianship of the property, in which case your mother would no longer have direct access to her assets.
Answered on Dec 19th, 2012 at 3:00 PM
As long as your mother is legally competent, she can give her money to whom she pleases. If it is a case of fraud, you can complain to the police and possibly the prison. If she is not legally competent, you can petition to be appointed her conservator and take over control of her finances.
Answered on Dec 19th, 2012 at 6:46 AM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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As a result of you having a POA over your mother finances, you need to take control of her accounts and put stops on the accounts concerning the con individual. This is urgent. You may have to apply to have a conservator ship with you being appointed as conservator of her estate to completely manage her personal affairs. Should you continue to have contact with the con, report him to the individual prison authority governing his location, re his financial abuse of your mother, including a report to a local policing agency, who may have some input into this matter. Also, you may want to contact Adult Protective services for direction.
Answered on Dec 19th, 2012 at 6:36 AM
Tax Attorney serving Portland, OR
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Bullivant Houser Bailey PC
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You can talk to your mother and discourage her from giving him money. Your POA does not give you authority to override her decisions. If you think she is legally incompetent, you can seek a court determination that she is incompetent and appointing you as her conservator. She is likely to feel you are out to get her and may take you out of her estate plan. It also will cost a fair amount of money (paid from her assets if you are successful).
Answered on Dec 18th, 2012 at 5:24 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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First, you should contact the DA and Adult Protective Services and report the scam. Your authority under a power of attorney is not sufficient to allow you to put all of your mother's money out of her reach. If you believe your mother has lost the capacity to manage her finances, you should consider conservatorship, but as this will likely drive a wedge between you and your mother, you want to think long and hard about it.
Answered on Dec 18th, 2012 at 5:23 PM
Business Transactions Attorney serving Los Angeles, CA
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Doland & Fraade
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A power of attorney permits you certain, but not total powers. If you think she is unable to care for her estate you might seek a conservatorship which would transfer all financial disbursements to a conservator. A POA and not "order" the principal not to do something, or act without their authority.
Answered on Dec 18th, 2012 at 5:22 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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It sounds like you may have to have a conservatorship set up for your mother. Even though you have the POA, your mother still has the right to conduct her own affairs. If you POA is only effective upon your mother's incapacity, you have even less ability to do anything. I am assuming that your mother is not fully there and is easily persuadable. You will need to convince the judge that your mother needs somebody to look over her finances. If you start the proceeding, a guardian ad litem will be appointed to represent your mother to ensure that her interests are being met. You should have affidavits or written statements from her doctor as to her mental capacity. If you can't get those, then you will probably not prevail.
Answered on Dec 18th, 2012 at 5:22 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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A POA does not prevent your mother from acting; it simply allows YOU to act on her behalf. If you need to prevent your mother from acting, there are a number of things you can do, but most likely, you are going to be stuck with becoming her guardian/conservator, through probate proceedings. You may try to contact adult protective services, as a first step to see if they will intervene.
Answered on Dec 18th, 2012 at 5:20 PM
Thomas Edward Gates
Since you have Power of Attorney for your mother, close her current account and open a new one with just your signature authorizing payment. If your mother is elderly or has a handicap, you can report this to the Attorney Generals office who have an elder law section.
Answered on Dec 18th, 2012 at 5:20 PM
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Powers of attorney die with the maker. If your mother and father are dead, any power of attorney that they gave you ceases to be valid. Thus you cannot use a power of attorney given to you by a person who is no longer alive.
Answered on Dec 18th, 2012 at 5:18 PM
Bankruptcy Attorney serving Alpena, MI
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Carl C. Silver Attorney at Law
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Open new Bank accounts that only you can access.
Answered on Dec 18th, 2012 at 5:17 PM