I had to upload documents and I clicked “use my name vs anonymous.” No sense not putting my name when I have been monitoring the mess for a while now. I went to a lawyer who said filing to protect parents with dementia will be costly and based on the small amount of documents I had, he suggested Elder Services. So I took that route. Does anyone know the protocol they use? How will I know when they make contact with the family members who have been stealing the whole time? I know they said they would need a court order for a warrant to get the bank records. Just didn't know if this route will take forever and will I ever find out the results.
As to Elder Services I am assuming that is Adult Protective Services, which has connection to being able to access courts, judges, etc. They will likely make a visit (or NOT) based on the proof or credibility of your story. They will tell the people who are POA that there are accusations of fraudulent use of a seniors funds. They will ask if records of finances are being kept and may ask if they may be allowed to see said finances. If they get the bum's rush and are suspicious they can go easily to a judge for a court order for the documents to be presented to the judge. That is where they will be examined.
Now, if they visit, and like me acting as my bro's POA/Trustee, whomever this person is pulls out files, records, monthly reports, accounts, credits, debits, bills receipts and says "Just let me know what you would like to see" and then can show APS these things, then APS will likely return to you and say that they examined thus and such and could find no reason to be suspicious that there was any fraud, that accounts were being kept and are up to date.
That's then that.
You can imagine that if every disgruntled family member/sibling/step kid who wants to can bring a court case against a POA/Trustee that would be onerous, horrific; no one could then do it. It is hard enough to do for an organized, kind, with it, meticulous guy like my bro who had everything in order and all I had to do was keep it up. It would be impossible to do with people saying "show me this " and "show me that", and in fact people have no right to see a person's private financial statements UNLESS they are the POA. That is why it goes to a judge. That is why there are lawyers involved. That is why it becomes so expensive.
I would have to be real certain of fraud before I began on all this; that's for certain.
I wish you the best of luck.
I have found this to be true many times.
Look up POA. You will find they are not free to share this information just because a family member is curious.
APS will go speak with the elder, speak with the caregiver and proceed from there. Everything our government does is a process based on the laws, so prepare yourself for a long process with few answers.
Oh, if they do find serious issues, they do what is called emergency guardianship and take the elder from their home, put them in a facility and sometimes nobody knows where because they are protecting the senior.
I think I would also file a police report for POA financially exploiting a vulnerable senior. State laws are very clear on fiduciary responsibilities and consequences for violating them.
Best ofuck protecting your loved one and getting them the best care possible.
I made a few responses below in regard to people thinking a POA can/should share an elder Principal's private financial affairs with a questioning sibling.
She should not and cannot.
These questions has led me to look back at your previous questions, and as I do this looks more like siblings at war to me.
Apparently your parent (s ?) put their home in and IRREVOCABLE trust at some point so as to save assets for you siblings. You mom, as I understand it is still at home, living at home. Is she in care of the sister sibling you are worrying about misusing funds?
I think, reading your old posts and Igloo's great responses to you about how all this works, that I will leave you to the legal system you are presently using. It is my feeling that you there is not so much abuse going on for your parent on the face of all this, as there is possible changes in wills and etc. and now siblings in disagreement.
So again, make use of the legal system. They will set you straight on "how it is" versus "how I want it to be."
I wish you good luck, but siblings at war is my least favorite thing that shows up often on Forum, and I am always best to exit those threads before I go too far!