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cobralou
Sep 11, 2007, 07:23 AM
Thank You for your responses it was helpful,just this past weekend I visited with my dad and his attorney.My brother was given Power of Attorney which he and my sister recommend without my knowledge but he was supposed to act in the best interest of my dad/family which he totally abused by making transactions from my dads money market which is now wiped out.He and my sister acted together by depositing money into his checking account and drawing it out in less than a week with my dads atm card.They never supplied him with necessities and told him he had no money in his checking when he needed it.He is not physically or mentally handicapped he is just lonely and depressed,his attorney said my father is the living trust and my brother is just a back up and not authorized to make transactions with power of attorney.We froze his accounts and are in the process of taking legal action ,we will try and resolve it in a civil way if not we will let them take the consequences.Can they be ordered to pay money owed or just completely written out of the will?Can they lose their jobs if the bank or other institutions get involved?We are gather information as proof what should be our next move?

ScottGem
Sep 11, 2007, 09:25 AM
What they did was basically embezzlement. They misused and misappropriated your father's funds. These are criminal actions and they could go to jail if you prosecute.

You can definitely get a court to order restitution. Writing them out of the will is up to your father, but it can be done. Losing their jobs is a possibility if they are convicted of a crime. But that's up to their employers.

Your father's attorney should advise as to the next steps. Some possible courses of action is getting you, the atty or a third party appointed guardian for your father. You definitely need an accounting of the funds before they got their paws on it.

cobralou
Sep 11, 2007, 11:15 AM
I appreciate the help it was very informative I have a better understanding now.Thanks