[seeeker53]

My brother was was named power of attorney for my mother in 2005. He is also the executer of her will. Last month he put the power of attorney into effect with the bank, and now has joint rights to all her bank assets. The next day he transferred $7,800.00 into his own account and later in the month transferred a further 2,400.00 from her account to his. He says her doctor sent a letter to her lawyer saying she was now mentally incapaple of managing her money, and her lawyer sent him a letter telling him this and saying it was time to put the power of attorney into effect.

He has not produced this letter to show any of us. I was at Mom's last doctor app't and the doctor said she may have beginning of alzheimers or may just be forgetful because of old age. So I doubt that this letter exists.

Is it legal for him to be transferring Mom's money into his own bank account?

How should I proceed to find out what is going on here. My Mom is quite upset about him doing this and has asked me to help her investigate what is going on and is it legal. She wants her money back in her name.

Thanks

[AK lawyer]

... Is it legal for him to be transferring Mom's money into his own bank account?

How should I proceed to find out what is going on here. My Mom is quite upset about him doing this and has asked me to help her investigate what is going on and is it legal. She wants her money back in her name.

Thanks

First, it's not helpful to post a new question on an old thread even if you think it's similar to the issues in old thread. Are you on Ontario, for example?

Yes, it 's probably legal if the POA is still in effect. She should immediately cancel the POA by so notifying the bank, as well as the son. She should also consult with an attorney about possilby recovering the money he has taken.

[ScottGem]

First I've moved your post to its own thread.

Your mother can and should revoke the POA if she is unhappy with what he did. All she needs is to sign a statement revoking the POA in the presence of her doctor and a notary and then have her doctor attach a letter stating her competency. If he will do that, she can revoke the POA which you can give to the bank. It would be a good idea for her to issue a new POA at the same time to someone else.

She then demands that the brother return the monies transferred.

There was no reason for him to transfer funds from her accounts. With the POA he can write checks and pay bills from her account.

[Fr_Chuck]

Yes, talk to your mom, she can merely cancel the POA You mom can also make him explain where this money went and what it is for, If taken improperly she may even sue to have it returned