- August 25, 2023
- Posted by: legaleseblogger
- Category: Related News
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**Title: A Family Crisis: Addressing Financial Fraud and Ensuring the Well-being of a Vulnerable Individual**
**Introduction**
A distressing turn of events has unfolded in our family, wherein one of my siblings has committed an act of financial fraud against our recently widowed mother. This shocking situation warrants immediate attention, and measures must be taken to ensure her security. In exploring solutions, the AI Legalese Decoder presents a valuable tool that can aid in understanding the legal implications and potential courses of action to effectively address the issue at hand.
**The Deceptive Act and its Aftermath**
To our disbelief, one of my siblings approached our grieving mother just one month after our father’s passing, seeking financial assistance in the form of a credit card. Being in a vulnerable state and trusting her child, she reluctantly provided him with the requested credit card. Subsequently, he returned the next day under the guise of the card not working, which led her to issue a second credit card. This chain of events continued until the credit cards reached their limits, creating immense distress for my mother.
**Role of AI Legalese Decoder: Gaining Insights into Legal Measures**
In the pursuit of understanding legal strategies to counter the fraud, the AI Legalese Decoder emerges as an invaluable resource. This sophisticated tool can assist in deciphering complex legal jargon and provide us with relevant information and insights. By utilizing the AI Legalese Decoder, we can gain a better understanding of the potential legal options available to us and make informed decisions accordingly.
**Unveiling the Perpetrator and His Motives**
Upon meticulous scrutiny of my mother’s financial transactions and subsequent action taken to freeze her accounts, a startling revelation surfaced. It became evident that the fraudulent activities were conducted through two separate PayPal accounts, both registered under the name of my sibling. It is crucial to highlight the significance of this finding, as it demonstrates his culpability in intentionally channeling funds to these accounts until the credit cards were exhausted. Furthermore, it is imperative to acknowledge the possibility that his actions may be linked to a longstanding gambling issue, which has manifested in similar incidents throughout the years.
**Protective Measures Implemented**
Given the gravity of the situation, immediate steps have been taken to ensure the safety and financial well-being of our mother. We have assumed control of all her accounts and established a Power of Attorney (POA) to effectively manage her finances. However, despite these precautions, my sibling continues to pursue additional monetary gains and fervently denies any involvement in the fraudulent activity. Moreover, an unsettling development has emerged, with instances of him trespassing onto our mother’s property while she is away. Such behavior underscores the urgency of finding a resolution.
**Exploring Alternatives to Criminal Prosecution**
Despite the evidence against my sibling, my mother has expressed her reluctance to involve law enforcement and opposes his arrest. This poses a critical question: What alternatives are available to halt his actions and facilitate the return of misappropriated funds? Taking into account our mother’s wishes and concerns for her child’s welfare, we find ourselves navigating a challenging dilemma.
**Utilizing AI Legalese Decoder: Guidance through Legal Options**
In this intricate web of legal and familial complexities, the AI Legalese Decoder can prove instrumental in guiding us through a multitude of legal options. Drawing from an extensive database of legal knowledge, this innovative tool can elucidate alternative routes that can be pursued. By collaborating with the AI Legalese Decoder, we may discover legal pathways that respect our mother’s concerns while ensuring a resolution that safeguards her interests.
**The Ethical Quandary: Reporting the Perpetrator Against Mother’s Wishes**
While obediently respecting our mother’s wishes is of utmost importance, we must grapple with the ethical dilemma of confronting the situation head-on. Reporting my sibling’s fraudulent actions to the authorities can potentially lead to his arrest and condemn him to the legal consequences of his deeds. Should we prioritize our mother’s wishes or act in pursuit of justice?
**Conclusion**
In our distressing quest to address the financial fraud committed against our vulnerable mother, the AI Legalese Decoder emerges as a vital ally. Through its comprehensive understanding of legal intricacies, this tool empowers us to explore various legal avenues to protect our mother’s interests while respecting her wishes. It is crucial to exercise empathy in navigating the multifaceted aspects of this situation, ultimately striving for a resolution that restores harmony within our family and ensures the well-being of our beloved mother.
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AI Legalese Decoder: Simplifying Legal Language
Introduction:
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****** just grabbed a
Report him. There is no scenario where you get this money back that doesnÔÇÖt involve reporting your brother to the police.
IÔÇÖm an elder law attorney. I work in a firm that does a lot of civil litigation around breach of fiduciary duty. Where I am, nothing would happen even if you reported it to the police and the credit card company. This is because your mom gave him the cards to use. If she had not given him the cards to use and he took them without permission, you would have a case *if* she wanted to pursue it. I can tell you from experience that the first thing a credit card company wants to know when you report unauthorized charges by a family member is whether or not you have filed a police report. No police report, no fraud case. The police will not be interested in taking a report from you if your mother has capacity and declines to do it herself. If your brother knows or has access to your motherÔÇÖs SS#, I strongly suggest you freeze her credit with the 3 main agencies so that he cannot open additional accounts.
Report the brother to the police for fraud and financial elder abuse anyways. When you get those report numbers, go online and file fraud claims on the amounts the brothers stole. Make sure the phone numbers to contact your mom are changed to your number, not your moms. The bank will want to talk to your mom. This will ensure you are present when The conversation happens and can re-assure her that the banks will normally write these things off, she can tell them the truth. That’s not true, but whatever you gotta mom to tell Mom get her to cooperate with the banks investigation.
The police may pursue it, between what your mom is willing to tell the bank on what will be a recorded line, and the banks desire to prosecute.
Consider filling for financial conservatorship in your state through your local court system.
Most credit card companies require you to get the police involved and cooperate with them if you want them to forgive the fraudulent charges.
That is the only answer. If he has an addiction, she is only enabling him if she wonÔÇÖt do it.
Why can’t you stop him? If you cancel all of the accounts, close them, then he can’t do anything. You also need to freeze her credit. To get the money returned, she would probably have to sue him, but if he is a gambling addict, he won’t have any money to pay her.
“My mom doesn’t want her child to go to jail no matter how old he is”
That ship has sailed. If you want this to end he has to be held accountable.
Change the house locks
Cancel all her cards
Lock her bank accounts and change all passwords
ItÔÇÖs time to be really tough on your brother and lay out his options. Option 1, he pays back what he can, he shows his PayPal account and the transactions. Option 2, and you tell him this, you will (reluctantly, but with resolve) go to the police. It took you 30 seconds to figure it out (you tell him that) and that grand larceny wonÔÇÖt look to good for him at his age. Those are his only options.
I am not a lawyer, but you said yourself that your mom is in a fragile state. YOU need to report this as fraud and to adult protective services. From your description, she isn’t able to make a sound decision about this specific item at the moment. You need to step up and do what is necessary (call police, adult protective services, report fraud.) You just lost your dad. Don’t lose your mom to poverty inflicted by your brother because you don’t have enough backbone to do what is right.
Report it to the credit card companies as fraud and see what they can claw back.
HeÔÇÖs an addict. Gambling is an addiction. He will lie cheat and steal to feed his addiction. He sees mom as a source to feed his addiction and does not care what happens to her. Better get the police involved now. If not you will regret it later. He will mortgage her house eventually. This will not end well. Best case scenario police get involved and it stops. IÔÇÖm willing to wager even police involvement wonÔÇÖt stop his gambling but hopefully he see mom is no longer going to finance it.
I faced something similar with my dad who had dementia. We needed to report him to social services for his own safety, but if I did it I knew my dad would be extremely upset with me. I gathered evidence, shared it with his sisters, and made sure that they understood that I could not report him. I encouraged someone in the group to do it and not tell me about it. IÔÇÖm dancing in shades of gray, but I needed to be able to honestly tell my dad that it ÔÇ£wasnÔÇÖt meÔÇØ to preserve our relationship. This approach worked for our family, and a rep from the elder care department within social services visited him to recommend services and monitor his living conditions.
You gotta fall on the sword for your mom. She canÔÇÖt take the heartbreak of having her own son arrested which is reasonable in her grief as a widow. If you have a POA in place for your mom, this is that moment when you are compelled by law to act in your momÔÇÖs best interest. You gotta turn your brother in and let him face the consequences. Addicts rarely stop their shit behaviors voluntarily; he will keep coming for her assets. If he stole money and is still trying to access more funds or create new accounts, he will continue to do so. If you are recording him entering her house without permission, give that footage to police too.
Both issues are distressing situations for herÔÇöshe raised a thief, and she doesnÔÇÖt want to see him incarcerated. She will continue to be distressed as long as heÔÇÖs thieving. You gotta fall on the sword.
Also, if your mom need to access Medicaid in the future for nursing care, her financials will be audited. IÔÇÖm not sure how something like this might play out, but I would hate for your mom to be denied services based on something your brother did if it goes unreported for an extended duration.
I know it all sucks. IÔÇÖm sending ÔØñ´©Å your way.
What is the outcome you want. In some states when the victim of financial elder abuse is over 65 and the amount of money is over 10k a conviction will result in mandatory sentencing. Once the process starts, for example by contacting DHS, it will be out of your and your motherÔÇÖs hands. If the DA wants to move forward it will happen regardless if your mother wants to or not. It is a misunderstanding of the legal system to think one can decide to press charges. Charges are brought by the DA. Simultaneously, you can also pursue a civil case to try to recover the converted funds. But it sounds like they are long gone.
My mom (rightfully so) would have me in jail faster than I could think ƒÿéƒÿ¡
If she gave him the cards sheÔÇÖs not going to be able to get the charges reversed. Doubt police would do anything either, probably will just say itÔÇÖs civil matter.
Call a lawyer. TheyÔÇÖll tell you what her options are.
Take all possible steps to protect any remaining assets from your bro.
Also call adult social services, they deal with this and can advise. But sounds like mom may lack capacity to endure his abuse and tell him no.
Such a painful situation. Your mom’s child us more important to her than money. But of course she doesn’t want to lose her money, either. I think it is very difficult to support her desire to not impose criminal justice on her child, while also trying to protect her financial security. I think maybe she might appreciate letting you take control of her finances from here forward so you can protect what’s left and she can honestly tell the perpetrator she has nothing to give him when he keeps asking. Good luck.
Take him out back behind the chemical shed and….
If she really does love him, then she needs to contact the police. He has a serious problem… which he will only come to terms with when it gets serious, such as having the criminal court step in. Your mother can always request a lighter sentence once guilt is confirmed. You know already what needs to be done. Call the cops and file that report… otherwise, you’re just looking for an excuse to mend your own feelings.
P.S. I work with helping addicts and I hear the same excuses every time. Don’t be the one that only realizes what needs to be done after it’s too late.
Mom is over 60. Financial Exploitation of elderly is a crime. Contact the local police department and they will direct you. He is a punk for that, and this is not his first theft. If it is let slide, he will be back for more.
OP, it is unfortunately not unbelievable. Your brother has to be reported, as heartbreaking as it sounds.
Also, your brother shouldn’t be showing up when your mother is not home (possible restraining order). Believe me; if an addiction is involved (drugs, gambling…) the situation will only worsen.
I had a close relative who was an addict and whose mother refused to report, despite him stealing up to her last penny. She only agreed to report him once he started getting violent with her (and others!).
Act now.
Change the locks
They wonÔÇÖt do anything unless heÔÇÖs charged she gave him the cards
Even with money being transfered to accounts in his name isn’t cur and dry, won’t be enough to get a conviction in court.
Something similar happened with my mother but she had a stroke, my brother was appointed the poa and he emptied her bank account of over 60,000.
He deserves to be arrested. Your mom is not doing him any favours by letting this slide.
NAL, but eventually heÔÇÖs going to cross the wrong person.
I would call APS. (Adult Protectibe Services.)
Although I think just like you, they will also be stuck by what she wants to do. At least here they are not police and really only advocate for what the client wants. So if she isn’t willing to press charges then they can’t make her.
In the end she is an adult and is allowed to make her own decisions (as long as her cognition isn’t impaired.)
But I would still call.
This Happens all the time, report the fraud to the credit card company.
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Adult protective services?
It is helping him to report him. Otherwise she is enabling his illegal behavior. He clearly needs help with whatever is going on in his life, and the legal system is there to provide some.guidance and consequences.
Will your mom go to therapy – to help with grief and betrayal?
I see your comments. Legally she needs to report the fraud. But it sounds as though she is happy to enable him and is happy to take the loss. It’s her money/debt. If she wants it then there is nothing you can do. If she let’s him continue on he will ruin more people’s lives. But again, that’s the choice she is willing to make. Just stay out of it is my best advice. You can’t help people who don’t want help
What is he spending the money on? If itÔÇÖs something like gambling, he needs help. Tell your mom that unless she reports this, sheÔÇÖs just enabling his addiction and he wonÔÇÖt get help.
Unfortunately your mother is enabling him by allowing him to get away with it. Not punishing him for what heÔÇÖs done isnÔÇÖt going to help anyone. Sorry that he did that to your mom.
I dont know if it would work, but contact a lawyer to write out and deliver a Cease & Desist letter. One it might scare him. Two it start a paper trail if you go to the cops to prosecute him.