Assets Stolen from a Disabled Relative

[sparks1018]

My question involves guardianship in the State of: Indiana

My mother in law has had guardianship for the past 3 years over her elderly mother who has dementia . My mother in law has recently discovered that her brother has taken advantage of their mother and basically stolen all of her money. The mother had over $775,000 in assets excluding her home and the land it sits on which is worth about $225,000 as well as a condo in Florida worth $340,000 but is owned jointly by the mom and son. When the father died in 1996 the son was supposed to be taking care of the mother and her bills and finances, but when my mother in law was granted guardianship in 2005 she discovered that the money which was invested in various areas through Edward Jones was for the most part gone, he has made several withdrawals throughout the years and it is now down to $18,000 and there are records of all withdrawals.

Now the Mom is in bad health and has no money to pay for her health care costs and my mother in law has no money to pay for this and doesn't want to lose what little there is left. As the guardian is there any legal action that she can take against her brother to recover any of the money or to make him sell the mom's half of the condo to pay for her care?

[gigirle]

My mother in law has had guardianship for the past 3 years over her elderly mother who has dementia

And she's just discovered that her assets are gone now? When she obtained guardianship, she was responsible for knowing what mom had and didn't have. She was also responsible for the upkeep of her accounts. Your mother in law had the legal right to remove mom from any investments.

My mother in law has recently discovered that her brother has taken advantage of their mother and basically stolen all of her money. The mother had over $775,000 in assets excluding her home and the land it sits on which is worth about $225,000 as well as a condo in Florida worth $340,000 but is owned jointly by the mom and son.

Did the son have guardianship? How long has the mom suffered from dementia? Anything they had jointly owned is legally half his and legally half hers.

Now the Mom is in bad health and has no money to pay for her health care costs and my mother in law has no money to pay for this and doesn't want to lose what little there is left.

I hate to be the barrier of bad news but, if she's in failing health, its likely to go very fast. You need to at least consult an attorney.

As the guardian is there any legal action that she can take against her brother to recover any of the money or to make him sell the mom's half of the condo to pay for her care?

YES, but you may need a court order. Take the brother to court. If he was moms guardian/POA, and you believe he stole her money, take him to court so he can prove what he's done with the money.
Grandma in law & mom need an attorney.

[aaron]

I'm thinking, criminal charges.

[lwpat]

Unfortunately it is extremely hard to get the police involved. Their standard answer is that it is a civil matter where family are the only ones involved.

[aaron]

It's going to depend on the policies of the prosecutor's office, and some take financial abuse of the elderly very seriously.

[lwpat]

Its getting better nationwide, but she has a real problem in waiting so long. Instead of contacting the local police, she will stand a better chance of getting some action by contacting the state agency covering elder abuse. Here all the locals want to do is write speeding tickets.