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  1. #1
    Join Date
    Jan 2009
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    2

    Default Nephew Stealing from Me and My Mother

    My question involves restraining orders in the State of: Pennsylvania
    A couple of years ago, my nephew helped move me from my apartment in Ohio to my mother's home in Pennsylvania. My mother entered the beginning stages of Alzheimer's and needed me to care for her. During the move, my nephew stole my Beatle record collection, 150 CD's, DVD's, jewelry, clothing, bedding and several other items from me. My nephew finally admitted doing so but has made no effort to make things right. In addition, he continuously comes to my mother (his grandmother) asking for money which she gladly gives him despite the fact that she is on a fixed income and desperately in debt. I have told him to stay away from me and my mother but he continues to take advantage of her. My question is: Since I am her power-of-attorney, can I get a restraining order against him so that he stays away from me and my mother? And, if so, how would I go about doing this?
    Thanks,
    -sirlygic

  2. #2
    Join Date
    Sep 2005
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    Posts
    74,848

    Default Re: Nephew Stealing from Me and My Mother

    If somebody steals from you, normally you would call the police.

    If you are allowing your nephew to steal from your mother, and not acting to protect and preserve her assets, you're not living up to your duties to her.

    If your power of attorney is not sufficient to allow you to limit your mother's doling out of cash, consider going to court for a guardianship and conservatorship.

    Why do you even let your nephew into the house?

  3. #3
    Join Date
    Jan 2009
    Posts
    2

    Unhappy Re: Nephew Stealing from Me and My Mother

    Well I was hoping for an answer that didn't contain a question so I suppose I must be a little more clear.
    Yes, I would normally call the police. I am asking advice so that I may protect my mother's assets and live up to my duties as her power-of-attorney. No, My nephew is NOT permitted by me to come to the house. However, I cannot be here 24 hours a day. I work from 8-4:30 M-F at which time my nephew comes to the house and takes advantage of my mother's kindness and weak constitution. How is a guardianship or conservatorship differ from a power-of-attorney and, is it possible to swear out a restraining order against my nephew in order to stop him from coming to the house?
    Thanks,
    sirlygic

  4. #4
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    74,848

    Default Re: Nephew Stealing from Me and My Mother

    "Normally" you would call the police, but: ____? He stole from you. He's entering your home and exploiting your mother. What's the problem with calling the police?

    Guardianship and conservatorship powers are granted by a court. As I've not had the opportunity to read your power of attorney, I can't tell you what powers it grants you; however, the powers you obtain from a court would likely be broader and are generally better respected by financial institutions.

    It's your house. Tell him he's not welcome, seek a restraining order if necessary (although that's easier if there are physical threats), and if he comes over notify the police. But why leave mom with cash or checks to give the nephew money if she's mentally incompetent?

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