ADDITIONAL INFORMATION:
My Mom has been giving her money to a scam artist. So far l think it’s about $150,000. She thinks she is going to marry this guy she’s never met. The police have been called by 2 different banks and they have explained that she could go to jail for money laundering but this is not stopping her. I am her poa but how do I get it enacted
ATTORNEY ANSWER BY MARGARET L. CROSS-BELIVEAU:
Generally, the agent’s power under the durable power of attorney begins as soon as the document is executed. It is practically impossible for you to keep her from giving away her money if she has not been declared incompetent by her doctors. Sometimes a parent’s behavior can only be curtailed by the child filing for a guardianship. Once again, your mother will need to be declared incompetent in the proceeding.
I do not see this as a case of money laundering, but rather elder abuse. You need to report the matter to Adult Protective Services.
Legal Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on since each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship. A lawyer experienced in the subject area and licensed to practice in the jurisdiction should be consulted for legal advice.
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The elder law attorneys at the Beliveau Law Group provides legal services for estate and asset protection planning. The law firm has offices and attorneys in Naples, Florida; Waltham, Massachusetts; and Salem, New Hampshire.
