QUESTION

What can I do about my brother who has POA if he takes our mother's property when he wants?

Asked on Jun 08th, 2015 on Estate Planning - Illinois
More details to this question:
A gift was given, a small lamp for a Christmas gift several years ago to my mother. I, her daughter, was told to pack the things she wanted to give to her children and grandchildren. I did what she said. I was told to put everything in one room and lock the door. Now my mother is going to a nursing home. It was not her choice but my brother's. Brother broke into the locked room, went through some boxes looking for that "lamp". He never said anything to my mother about doing so. My mother is blind, brother and wife have been going in and taking what they want! That's stealing! I want to know what can be done. I live in another state. One brother is the executor, the one brother, the one that's stealing, is the power of attorney.
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1 ANSWER

Estate Planning Attorney serving La Grange, IL at Law Office of T. Phillip Boggess
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The power of attorney has the duty to act in the best interest of the principal (your mom). Someone could bring a suit to replace him and recover the property.
Answered on Jun 10th, 2015 at 12:48 AM

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