POA...

[Sunshine1]

Parties in MN

I have a POA concerning my grandmother and currently she lives in an assisted living environment.  In 1995 she was declared incompetent to make decisions on her own and her doctor signed her records indicating that.  It was then decided she needed to go to assisted living.

Fast forward.  My aunt and uncle had been sending me several semi threatening letters concerning my grandmother's money throughout the summer of 2006.  They were pretty much fruitless so I did not act on them, I did not respond in any manner.

At the beginning of this month I was investigated for misappropriation of funds and interviewed by the local police department, several other allegations were brought forth but it was deemed I had done absolutely nothing wrong and it was dropped and unfounded.  In the course of this investigation I found out that there was another POA given to my aunt and uncle and it is dated in 2002.  It doesn't look anything like my grandmother's signature and if any handwriting expert took a stab at it they could tell very quickly.

I am not sure what they have tried to do with this POA but during the investigation my aunt told the officer that "mom wanted to them to have POA"  this is completely false for three reasons. One because my grandmother is repulsed by my aunt and can't stand her (her entire life) and would die if she ever called her "mom" and two my grandmother had already given me POA and she knew it and three had called the home she was in and asked "WHO" had POA.

This last month my aunt has called the home repeatedly to speak to my grandmother (grandmother has no idea who she is speaking to), harrassed the nurses and has called the main office ranting and raving.

They used their POA to gain access to my grandmother's bank accounts but have not withdrew anything.  I have since moved all her money to an account they know nothing about.

They are extremely angry that they can't find the money and they want it. The officer commented to me that all she was interested in was the money and not the welfare of my grandmother.  It is fair to say my uncle has no idea what she has been doing.  Maybe to a degree but I am sure he is not aware of all the calls.

1 Is there anything I can do about this forged POA?

2 Who do I call or speak to to investigate?

3.  Can I get a restraining order on my aunt so she leaves me, the home, and my grandmother alone?

4. any other suggestions?

Thank you SOC!!!

[socrateaser]

>1 Is there anything I can do about this forged POA?

Call the FBI. If they attempted to use a fake POA to access a federally insured banking institution account, that would be federal bank fraud and it's a big deal. You can also call the local police where the aunt and uncle lives.

I'm assuming that when you say that your grandmother was declared incompetent, that this means that prior to 2002 a judgment was entered in a court with appropriate jurisdiction declaring her incapacity. A physician can state an opinion about the mental state of a person, but only the court can declare the grandmother's legal status.

>2 Who do I call or speak to to investigate?

See above.

>
>3.  Can I get a restraining order on my aunt so she leaves me,
>the home, and my grandmother alone?

Yes, you can, assuming you can prove the forgery, based on the time line and the declaration of incompetency.

>
>4. any other suggestions?

Are my facts straight?