MW 'Six figures are missing': My aunt's attorney took over her bank account. Two random doctors declared her incompetent. How do I fix this?
By Quentin Fottrell
'The bank refused to accept my power of attorney document and said it needed legal review'
"Her attorney took control of her accounts and began the process of placing her in assisted living." (Photo subject is a model.)
Dear Quentin,
I wrote a letter a couple of weeks ago about my aunt, who had been declared incompetent by two doctors due to alleged dementia. One was said to be her personal physician. Her attorney took control of her accounts and began the process of placing her in assisted living. Although my aunt objected, I assumed everything was legitimate since her doctor had reportedly approved it.
Ten days ago, county elder protective services contacted me. They were with my aunt preparing new financial and healthcare POAs and asked if I would replace the attorney as her agent. They told me her personal physician had never declared her incompetent and was actually reinstating her competency. I agreed and received notarized POAs.
Her physician later confirmed they had refused to declare her incompetent. Instead, the attorney found two doctors - one who briefly spoke to her and signed off, and another who never saw her and simply stamped the form.
I learned the new financial POA didn't automatically revoke the old one, and although the county had prepared a revocation letter, I was never given it. I took my aunt to her bank, created a new POA explicitly revoking the old one, and sent it to the attorney.
Soon after, I was told a doctor's appointment had been scheduled so the attorney could seek guardianship. My family's elder-care attorney advised that my aunt could refuse the appointment but warned another could be scheduled. He suggested leaving a letter and my healthcare POA at her door stating she refused to see any doctor. I also brought my aunt to stay with me during the scheduled visit.
Missing money
I sent a letter to her attorney revoking his authority, enclosing proof of her restored competency, and requesting a full accounting of her assets, with a warning of an ethics complaint if he failed to comply.
After reviewing her accounts, I discovered six figures are missing. The bank refused to accept my power of attorney document and said it needed legal review. I also suspect the banker contacted the attorney. Additionally, $12,000 was sent to an assisted-living facility that is refusing a refund, and a private social-services company charged $3,500 for minimal services and may also refuse to refund.
My aunt may now need a new estate plan, including revoking her trust. So far, the situation has cost at least $15,000, possibly rising to $20,000-$30,000. Protective services said they had never seen a case like this and contacted police, but our attorney believes law enforcement may not act without proof of theft. I'm waiting on the bank and may need a court order to trace the missing funds and fully resolve the situation.
This has been extremely stressful, especially with all the rushing around involved.
The Nephew
You can email The Moneyist with any financial and ethical questions at qfottrell@marketwatch.com. The Moneyist regrets he cannot reply to questions individually.
Related: 'When he doesn't get money, he becomes angry': My brother has led a life of chaos and financial ruin. What is my moral obligation?
You need an attorney who specializes in elder financial abuse rather than estate planning.
Dear Nephew,
This escalated quickly.
This legal drama requires immediate legal action to stop the attorney's guardianship petition. An attorney cannot just take over their client's bank account because two doctors said so - a judge has to approve it - and a power of attorney document is not access to "free money." Sure, a POA can manage their client's money, but they cannot legally withdraw such large sums unless it is clearly (and legally) authorized and justified.
Given the sums involved, consider escalating the case to the district attorney's office for their elder-abuse/financial-crimes unit. Preserve your aunt's bank records; save emails, letters and voicemails; and forward contact details of all witnesses. One doctor never examined her, while another barely spoke to her; either of these issues could invalidate competency declarations and expose medical misconduct, fraud and/or conspiracy.
What now? Contact the bank's fraud department in writing, and ask them to freeze or monitor suspicious activity. Your aunt's bank may wish to protect itself from legal jeopardy related to prior withdrawals, but it still has obligations under elder-abuse laws. An obvious opening gambit: You need an attorney who specializes in elder financial abuse rather than estate planning. You need a litigation attorney experienced in elder abuse, fiduciary litigation and/or probate court disputes who can act fast.
A bank will often be hesitant to validate a power-of-attorney request if there is a difference of opinion - or, in this case, a dispute - between two parties to avoid liability and, as frustrating as this might be for you, you should expect continued resistance without a court order.
Court intervention
For that reason, you need a court to intervene. Your attorney should seek emergency relief - an expedited legal process - within the next few days. You have a paper trail leading to a six-figure hole in your aunt's account, an account that your aunt's attorney has access to. The truth lies in those figures.
Your attorney may need to do two things: (1) file a petition to validate your power-of-attorney filing; (2) seek temporary conservatorship over your aunt's affairs to prevent further damage; and (3) oppose any application for guardianship by your aunt's attorney, complete with a statement from her physician and the result of her evaluation, which could give him unlimited powers over her affairs.
This could include a temporary restraining order or preliminary injunction to freeze accounts and prevent any further transfers, and a petition to the court to carry out a full forensic accounting. Midgett Preti Olansen, a Virginia Beach, Va.,-based law firm, says an attorney and power of attorney has a duty of care, a duty of loyalty and a fiduciary duty. States enable courts to award damages for breach of fiduciary duty "if a plaintiff can prove that a breach caused them material damages. Remedies may include compensatory damages and reimbursement of misappropriated funds, court costs, and in rare cases, attorney fees."
Benefits of a civil lawsuit
"In some severe cases, the plaintiff may have additional remedies through a civil lawsuit for claims like negligence or tortious interference with inheritance rights," the law firm says. "The remedies for these types of claims are similar to those that a plaintiff could obtain in a breach-of-fiduciary-duty claim. An attorney-in-fact who has significantly breached their duty could face criminal prosecution."
When you have removed your aunt's attorney through court proceedings, you can pursue a civil action. Civil court is often seen as a more effective way to recover stolen money, primarily because the ultimate goal is to compensate victims rather than to punish offenders. Although criminal cases can sometimes lead to restitution, they tend to move more slowly, focus more on imprisonment than repayment, and require a higher standard of proof.
You can report any concerns to your aunt's bank, but given everything that has happened already you will likely require a court order. The National Careline, among other organizations, offers advice on next steps, including contacting the local council and reporting the issue to her local adult protective services, district attorney's office, and/or to the police or sheriff's office. Find your local APS here. Alternatively, call the Eldercare Locator (1-800-677-1116) and/or visit their website.
If your aunt's attorney succeeds in his guardianship petition, it will make this process all the more challenging. Act now to prevent this from happening.
Elder financial abuse
In previous letters you have said you were reluctant to get involved and expressed that your aunt is not always the easiest person to get along with (who is?).
But I am moved by how much you have dug in to help her and show not only how much you care about her well-being - we can love a person without always liking them 24/7 - but also how driven you are by the injustice and the attempt to siphon away her funds.
Elder financial abuse is one of the worst financial crimes because it targets someone who is already vulnerable. This is worse because her attorney took an oath - to do no harm and protect his client, not fleece her. He has a fiduciary duty to put her needs first, but he allegedly put his own desire for money before everything else.
So bravo to you for taking this on. I say that on behalf of your aunt, but also for every other vulnerable elderly person who could do with a nephew like you. You also spoke of another, often forgotten, aspect of fighting for representation of an elderly person, and attempting to remove bad actors from their life - physical and mental exhaustion.
Not only is it stressful, as you say, it's also physically demanding work. You have to find the time and the energy to go from the doctor's office to the bank to the attorney's office and back again. Bad actors are banking on people running out of steam. Take every day every step as it comes.
You have a million reasons to see this through.
Related: 'Could a nefarious caregiver steal her money?' My mom, 91, has a $5 million portfolio, but leaves her passwords lying around the house.
More columns from Quentin Fottrell:
'I didn't ask a man to rear-end my car': Social Security is replacing my disability benefits. Will the fund run out of money?
'My parents begged me never to put him in a home': I have taken care of my disabled brother my entire life. Am I doing enough?
MW 'Six figures are missing': My aunt's attorney took over her bank account. Two random doctors declared her incompetent. How do I fix this?
By Quentin Fottrell
'The bank refused to accept my power of attorney document and said it needed legal review'
"Her attorney took control of her accounts and began the process of placing her in assisted living." (Photo subject is a model.)
Dear Quentin,
I wrote a letter a couple of weeks ago about my aunt, who had been declared incompetent by two doctors due to alleged dementia. One was said to be her personal physician. Her attorney took control of her accounts and began the process of placing her in assisted living. Although my aunt objected, I assumed everything was legitimate since her doctor had reportedly approved it.
Ten days ago, county elder protective services contacted me. They were with my aunt preparing new financial and healthcare POAs and asked if I would replace the attorney as her agent. They told me her personal physician had never declared her incompetent and was actually reinstating her competency. I agreed and received notarized POAs.
Her physician later confirmed they had refused to declare her incompetent. Instead, the attorney found two doctors - one who briefly spoke to her and signed off, and another who never saw her and simply stamped the form.
I learned the new financial POA didn't automatically revoke the old one, and although the county had prepared a revocation letter, I was never given it. I took my aunt to her bank, created a new POA explicitly revoking the old one, and sent it to the attorney.
Soon after, I was told a doctor's appointment had been scheduled so the attorney could seek guardianship. My family's elder-care attorney advised that my aunt could refuse the appointment but warned another could be scheduled. He suggested leaving a letter and my healthcare POA at her door stating she refused to see any doctor. I also brought my aunt to stay with me during the scheduled visit.
Missing money
I sent a letter to her attorney revoking his authority, enclosing proof of her restored competency, and requesting a full accounting of her assets, with a warning of an ethics complaint if he failed to comply.
After reviewing her accounts, I discovered six figures are missing. The bank refused to accept my power of attorney document and said it needed legal review. I also suspect the banker contacted the attorney. Additionally, $12,000 was sent to an assisted-living facility that is refusing a refund, and a private social-services company charged $3,500 for minimal services and may also refuse to refund.
My aunt may now need a new estate plan, including revoking her trust. So far, the situation has cost at least $15,000, possibly rising to $20,000-$30,000. Protective services said they had never seen a case like this and contacted police, but our attorney believes law enforcement may not act without proof of theft. I'm waiting on the bank and may need a court order to trace the missing funds and fully resolve the situation.
This has been extremely stressful, especially with all the rushing around involved.
The Nephew
You can email The Moneyist with any financial and ethical questions at qfottrell@marketwatch.com. The Moneyist regrets he cannot reply to questions individually.
Related: 'When he doesn't get money, he becomes angry': My brother has led a life of chaos and financial ruin. What is my moral obligation?
You need an attorney who specializes in elder financial abuse rather than estate planning.
Dear Nephew,
This escalated quickly.
This legal drama requires immediate legal action to stop the attorney's guardianship petition. An attorney cannot just take over their client's bank account because two doctors said so - a judge has to approve it - and a power of attorney document is not access to "free money." Sure, a POA can manage their client's money, but they cannot legally withdraw such large sums unless it is clearly (and legally) authorized and justified.
Given the sums involved, consider escalating the case to the district attorney's office for their elder-abuse/financial-crimes unit. Preserve your aunt's bank records; save emails, letters and voicemails; and forward contact details of all witnesses. One doctor never examined her, while another barely spoke to her; either of these issues could invalidate competency declarations and expose medical misconduct, fraud and/or conspiracy.
What now? Contact the bank's fraud department in writing, and ask them to freeze or monitor suspicious activity. Your aunt's bank may wish to protect itself from legal jeopardy related to prior withdrawals, but it still has obligations under elder-abuse laws. An obvious opening gambit: You need an attorney who specializes in elder financial abuse rather than estate planning. You need a litigation attorney experienced in elder abuse, fiduciary litigation and/or probate court disputes who can act fast.
A bank will often be hesitant to validate a power-of-attorney request if there is a difference of opinion - or, in this case, a dispute - between two parties to avoid liability and, as frustrating as this might be for you, you should expect continued resistance without a court order.
Court intervention
For that reason, you need a court to intervene. Your attorney should seek emergency relief - an expedited legal process - within the next few days. You have a paper trail leading to a six-figure hole in your aunt's account, an account that your aunt's attorney has access to. The truth lies in those figures.
Your attorney may need to do two things: (1) file a petition to validate your power-of-attorney filing; (2) seek temporary conservatorship over your aunt's affairs to prevent further damage; and (3) oppose any application for guardianship by your aunt's attorney, complete with a statement from her physician and the result of her evaluation, which could give him unlimited powers over her affairs.
This could include a temporary restraining order or preliminary injunction to freeze accounts and prevent any further transfers, and a petition to the court to carry out a full forensic accounting. Midgett Preti Olansen, a Virginia Beach, Va.,-based law firm, says an attorney and power of attorney has a duty of care, a duty of loyalty and a fiduciary duty. States enable courts to award damages for breach of fiduciary duty "if a plaintiff can prove that a breach caused them material damages. Remedies may include compensatory damages and reimbursement of misappropriated funds, court costs, and in rare cases, attorney fees."
Benefits of a civil lawsuit
"In some severe cases, the plaintiff may have additional remedies through a civil lawsuit for claims like negligence or tortious interference with inheritance rights," the law firm says. "The remedies for these types of claims are similar to those that a plaintiff could obtain in a breach-of-fiduciary-duty claim. An attorney-in-fact who has significantly breached their duty could face criminal prosecution."
When you have removed your aunt's attorney through court proceedings, you can pursue a civil action. Civil court is often seen as a more effective way to recover stolen money, primarily because the ultimate goal is to compensate victims rather than to punish offenders. Although criminal cases can sometimes lead to restitution, they tend to move more slowly, focus more on imprisonment than repayment, and require a higher standard of proof.
You can report any concerns to your aunt's bank, but given everything that has happened already you will likely require a court order. The National Careline, among other organizations, offers advice on next steps, including contacting the local council and reporting the issue to her local adult protective services, district attorney's office, and/or to the police or sheriff's office. Find your local APS here. Alternatively, call the Eldercare Locator (1-800-677-1116) and/or visit their website.
If your aunt's attorney succeeds in his guardianship petition, it will make this process all the more challenging. Act now to prevent this from happening.
Elder financial abuse
In previous letters you have said you were reluctant to get involved and expressed that your aunt is not always the easiest person to get along with (who is?).
But I am moved by how much you have dug in to help her and show not only how much you care about her well-being - we can love a person without always liking them 24/7 - but also how driven you are by the injustice and the attempt to siphon away her funds.
Elder financial abuse is one of the worst financial crimes because it targets someone who is already vulnerable. This is worse because her attorney took an oath - to do no harm and protect his client, not fleece her. He has a fiduciary duty to put her needs first, but he allegedly put his own desire for money before everything else.
So bravo to you for taking this on. I say that on behalf of your aunt, but also for every other vulnerable elderly person who could do with a nephew like you. You also spoke of another, often forgotten, aspect of fighting for representation of an elderly person, and attempting to remove bad actors from their life - physical and mental exhaustion.
Not only is it stressful, as you say, it's also physically demanding work. You have to find the time and the energy to go from the doctor's office to the bank to the attorney's office and back again. Bad actors are banking on people running out of steam. Take every day every step as it comes.
You have a million reasons to see this through.
Related: 'Could a nefarious caregiver steal her money?' My mom, 91, has a $5 million portfolio, but leaves her passwords lying around the house.
More columns from Quentin Fottrell:
'I didn't ask a man to rear-end my car': Social Security is replacing my disability benefits. Will the fund run out of money?
'My parents begged me never to put him in a home': I have taken care of my disabled brother my entire life. Am I doing enough?
(MORE TO FOLLOW) Dow Jones Newswires
March 19, 2026 13:32 ET (17:32 GMT)
MW 'Six figures are missing': My aunt's attorney -2-
Can I stop my kids from using their inheritance to support political causes I vehemently oppose?
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-Quentin Fottrell
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