January 11, 2016


In September of this year my uncle wrote himself a check from my grandmothers account for $10,000. He then took the check and deposited it into his bank account. In the memo line it reads "Birthday Gift". My grandmother was diagnosed with dementia in 2014 however she was never deemed mentally incompetent. She does not remember writing the check and when we tell her about it she states that she would never do that. We have a lawyer but he is dragging his feet with everything and my aunt is the POA and is not wanting to deal with it.


POA's are powerful instruments. I'm assuming your uncle is married to the aunt with the POA. The question is who signed the check - aunt with POA or your uncle? Did it go into a joint account held by your uncle and the aunt with the POA? If your grandmother has dementia, she may not recall agreeing to it. You're best off pressing the family's current lawyer for answers, as he/she will be most familiar with the management of your grandmother's finances, as well as the terms by which your aunt can move funds out of her accounts. If you feel you have a future stake in your grandmother's estate, and that it is being depleted during her lifetime, you can retain your own separate lawyer to act on your behalf. It's never a good idea to cast unfounded accusations, especially in a family matter.

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