Hi, I’m Stephen Diamond, of the law firm of Stenger, Roberts, Davis & Diamond, LLP. We are a Dutchess County law firm. We handle matters in the mid-Hudson Valley.
You found out that your brother or your sister is using your parents’ assets for their own benefit. They have the power of attorney, but they now have started misusing the money. What you may need to do is bring on what’s called a “guardianship proceeding.”
It’s a legal proceeding in court that has the court determine that your parents aren’t capable of protecting their assets, and that you need to be appointed to be in charge of their assets to be able to first stop the loss of the assets, and second to be able to recover those missing assets and bring them back to your parents so they can live the comfortable, happy life they planned to.
The important thing is we have to act quickly, as soon as you find out this is happening.