I am in the process of filing financial elder abuse by a family member. They just withdrew almost all of dad's money and put it in their account. They know I have access to the bank account and have continued to question where the money from the ATM and the multiple 500$ and 200$ checks are going. I have been to the bank and asked that an alert be put on the accounts. I am a co-poa and they won't do anything without the other (which won't happen because they have the checkbook) Now they are withdrawing a huge amount, and the bank has it listed as a hold on the account. Anything I can do while waiting for elder services?
I find dual POA seldom works.
Usually a POA is designated with a second who serves when the first cannot, that is takes over.
Now for a POA to remove a person's assets from THEIR NAME and put it in his/her OWN NAME is definitely elder abuse and I am so glad to hear you have filed. This is not allowed. The money must stay in the elder's name with the POA added by the bank. The POA then signs outgoing checks as "Elder Person (name) by POA Name (name) . Such as John Jones by Junior Jones as POA.
So given that you are DUAL POA you should have access to all records and files.
However, if you are second you do not.
The filing will require an attorney. The attorney will ask the court to examine the POA records for any wrong doing. He will have to bring in and present to the court his record keeping and the accounts. They will be examined for fraudulent actions, and what you mention is certainly THAT.
So this is a legal matter now. I always caution POAs to keep meticulous records and files of every single penny into and out of an elder's accounts because they may be asked by a court to account at any moment, and they have a high legal standard to meet as a Fiduciary for an Elder. Theft from an elder comes with a nasty penalty and is a felony to be certain.
Hope you will update us. This is a legal matter now, as I am certain you know.
Is the PoA active (ie is the criteria for activating the authority been met, like a medical diagnosis of impairment)? If not then the family member could claim the parent gave them permission. Even so, it's a problem. This is a job for an elder law attorney versed in financial abuse.
For my brother the phone company had access to his account to pay the monthly fee.
The Insurance company had access to his account to pay for the supplemental insurance monthly.
The Assisted Living Facility had access to his account to pay for his monthly rental and care level contract.
However, you cannot appoint someone to monitor a checking account.
That is YOU as POA. If you are a dual POA you have every single right that the OTHER POA has once you submit your POA papers to the bank.
If you are the "second," however, and your brother is doing all the POA work, then you have no rights.
As to 25,000 to have POA brought to the court to account?
That's outrageous.
So if you have PROOF of fraud now is the time to get APS on the case to examine or request examination of the records.