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Asked 2/15/2011

Financial exploitation of the elderly

My stepmom lives in Montana. She is being financially exploited by a guy that helps her out around the property. She is not mentally competent to be handling her own finances but her sister doesn't do anything and lives in Kansas. I was there 4 months ago and told her sister what was going on. We're talking around $50K in the last 2 years. He is on social security disability and she writes him a check to a phony company and he takes it and cashes it so he is also money laundering and tax evading. He is slowly poisoning her against all of us by telling her things that are untrue. She has dementia and says that he treats her better than my father did which is so untrue. He just wants her money. I have called the state and asked them to intervene but it's a slow process.

A) Who would I turn him into for the money laundering, social security fraud and tax evading?
B) How do I get the bank to realize that she is being scammed if I don't have a power of attorney? I would not financially gain from anything she has when she passes; her sister would.
C) She has lots of other holdings; land, savings, 401K's, etc. How do I find out if he has stolen these things and put them in his name?

She is extremely suspicious of everyone now, including the nurse that watches out for her. I have a job and animals but her sister is retired and needs to go up there but she won't seem to step up to the plate. This is a small town of 200 3 hours from

 
 
 
 
 
Answers

Answer 1/3 - Submitted 2/15/2011

Who are you? I'm not sure of your relationship to this woman, and why you are so concerned?

Sadly, many elderly do not have family members that are willing to care for them these days. I'm not sure how you know how much this woman is paying this person, but it seems that at least there is a paper trail that could be investigated. Depending on what this person caring for the woman is doing, it may be legitimate. I had someone give me an estimate for minor remodeling of my house that was $25,000, and I really didn't think that it was worth more than $5-$6,000, however I received a few estimates and they all came out about the same. If she is truly not able to handle her finances, the family could attempt to have the court appoint a guardian or power of attorney, or attempt to have her civilly committed if she is totally incompetent.

 
 

Answer 2/3 - Submitted 2/15/2011

Unfortunatetly, taking advantage of the elderly is quite common, especially when someone has opportunity. It sounds like your stepmom needed help before this man began taking advantage of her.

You ask how you can turn him in for disability fraud. How has he commit this crime? These conditions are certified by physicians which would include objective tests, x-rays, lab work, etc.

How is he money laundering? If your stepmom is writing a check out to a phony company, how is it being cashed? Tax evasion? All these things require proof, so of course any reported activity will be delayed in an investigation, possibly ignored, if there is no proof.

You indicate she has dementia and is not competent to make decisions, financial or otherwise...there should be a power of attorney. Dementia is not something that usually happens overnight.

If nobody is stepping up to the plate, there is nothing you can do.

I could only suggest building a relationship with her and see what becomes of it. Although it seems she has already taken to someone who may or may not have her best interests at heart. If what you believe to be happening is indeed happening, then this situation became out of control a long, long time ago.

 
 

Answer 3/3 - Submitted 2/15/2011

I have been her daughter since she married my father 45 years ago. I have been there for her always up until this man decided to start scamming her out of her money. He gives her a phony time sheet for his hours that he says he puts in around the ranch and she writes him a check. She doesn't know any better. I do not have the power of attorney; her sister does who lives in Kansas and is aware what is going on but does nothing about it. I guess what I am asking is as a step-daughter with no power of attorney, can I call the state to invervene on her behalf not being a blood relative? I call her twice a week but this guy is telling her that I'm bad and her sister is bad and her nurse is out to get her and she believes him and won't talk to us. He does not have her best interests at heart; only her checkbook. I have tried and tried and tried to get someone in the family to do something and help her get better people around my step-mom. I'm just wondering if there is anything I can do at all, bank, cops, restraining order - anything - not being a blood relative.

 
 
 
 
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