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Hello I'm bill Peterson Minnesota estate planning attorney one of the questions that we get from clients often has to do with the use of money and other assets that the family is using under power of attorney for example question that sometimes is asked is my brother misusing money along to our elderly grandmother in this case Mary lives in st. Paul with her grandmother Marjorie who she has taken care of for the past four years the brother Richard offered to take care of Marjorie's finances so the grandmother signed a power of attorney for Richard to take care of her assets and monthly bills things went well for several months over one day Mary learns that richard has cashed out several of Marjorie's certificates of deposit using the power of attorney when Mary asks Richard about it he becomes defensive and angry he refuses to discuss his management of Marjorie's finances now Marjorie is physically and mentally disabled and does not remember anything about any discussions with Richard unfortunately she has an advanced case of Alzheimer's disease Mary is now upset with Richards action and wants to know what can be done to be sure that Marjorie's assets are protected in order to provide for Marjorie's daily needs and care financial abuse of senior citizens isn't an enormous problem in our society in this case was Richard stealing Marjorie's assets now at the same time many families try to take care for elderly parents or grandparents in the best way they can perhaps Richard was properly taken care of Marjorie's finances if if so it might be unfair to accuse Richard of wrongful conduct one thing it's often helpful if more than one family member is managing the disabled person's finances we always recommend to our clients that the persons who have the power of attorney share that information with other immediate family members unless in the particular situation there's some compelling reason do so from the facts of the case it seems doubtful that Marjorie could cooperate for example for her to demand an accounting from Richard or to revoke the power of attorney that she had previously given as stated she is dealing with an advanced state or advanced case of Alzheimer's disease Mary and the family could petition the probate court to appoint a conservator to administer Marjorie's assets the court could also appoint a guardian for Marjorie to make necessary medical decisions and other matters for her care now the county also has agents whose responsibility it is to investigate cases of senior abuse including financial exploitation and that's a possible remedy that the family could follow up on any of these steps however can be difficult for the family to undertake now the temptation is for the family to procrastinate and hope that the problem will go away it won't when you suspect a problem in the family it's important to communicate with other family members without delay if you need professional assistance contact an experienced probate attorney...