More details to this question:
A family member absconded with a large sum of money from my mother, who has Alzheimer's . After that I obtained a power of attorney for her. Shortly after this same family member tried to obtain more money from her, but I froze the accounts. I would like to retain a lawyer to pursue this matter and recover the lost money.
1 ANSWER
I couldn't handle the matter because I live and work in NY, but I just wanted to let you know that, since your mother has Alzheimers, she may not have been competent to grant you a power of attorney. You may have to bring a guardianship proceeding to get authority to act on her behalf, including to sue your dishonest family member. I assume that this family member took advantage of your mother's diminished mental acuity. It will be difficult, although not impossible, for you to argue that your mother lacked capacity to consent to giving this person money, but had the capacity to give you a power of attorney.
Answered on Dec 10th, 2014 at 11:40 AM