The caller was the youngest of three siblings, and he had just driven up from San Diego. His mother had accused his brothers of stealing from her. He was worried—but skeptical. He knew his oldest brother had been helping their mom, handling bills and errands.
That morning, the caller visited her bank, where the manager explained something troubling: because their mother had called multiple times claiming money was being stolen, the bank had suspended the use of the Power of Attorney. A recent check written by his brother to pay a plumber—needed to fix a dangerous mold issue under the sink—had been denied.
The son asked the bank manager if they could check for any suspicious activity. The manager said he saw normal bill payments, a few small cash withdrawals, and no signs of fraud. He explained that the debit card had also been deactivated because of the repeated theft accusations. The only transactions still being processed were for the mortgage and utilities.
The son hoped I could provide a new Power of Attorney that would “work.” Sadly, that wasn’t possible.
Banks are required to report suspected Elder Abuse and must act to protect their customers. Once a bank receives such a report—even if unfounded—they often freeze or restrict access to prevent possible harm. In this case, the only path forward was a Conservatorship.
With a Conservatorship, the son appointed by the court will be authorized to manage his mother’s affairs. He will be required to report every cent spent to the judge. The court oversight gives the bank confidence that someone is acting in the mother’s best interest—and helps protect the family member from further accusations.
A Conservatorship protects both the elder and those honestly trying to help.
If you have a parent who’s showing signs of paranoia or confusion and accusing loved ones of wrongdoing, give me a call. I can help you put legal protections in place.
