My brother is being investigated for Elder Abuse after I reported him. Dad has dementia and Lil Bro took Dad to the bank 2 weeks after Mom died and Bro talked Dad into making him Sole Beneficiary on the account. That wasn't enough. 3 weeks later, they went back to the bank and Lil Bro became joint owner of the account. I am POA for health care and property. Bank has POA, but won't change the arrangements because Dad "seemed to know what he was doing". THEN I discover, a month later, that Lil Bro made himself Sole Benficiary on Dad's substantial work pension investment fund. I believe I was able to correct that. Any residual funds after Dad's eventual MC are to be divided 50/50. I've been checking costs for MC. There will likely be very little to split. Now, 2 weeks ago, 7 months after Mom's death, Dad gets a letter from Social Security. Lo and behold! Lil Bro has made himself Representative Payee for SSI.
The State, my lawyer, Elder Abuse investigator, etc. are aware of all these transactions, but apparently it's up to me to fix it all. I moved in with Dad 2 months (too late) after Mom died when I realized what Bro was doing. I'm trying to protect Dad's assets for his needs. Jerk Bro is jobless and lazy and a pot head. Elder Abuse knows all this. The one question I need answered is: what else am I missing that Lil Jerk Bro might have called or gone on a computer and changed?? The car titles are unchanged. I will check title to house today and life insurance policies. But what might I have not thought of? I'm so tired of these "surprises" from Jerk that are trickling in. I will have Guardianship of Dad by the end of this month, but these things will still have to be corrected.
Bro has neatly side stepped that by getting dad to make the changes.
You might want to check to see if brother has tried to take out a second mortgage on the house.
I would place a freeze with each of the Credit reporting agencies so that new credit applications can not go through.
First, I'm so sorry to learn of this upsetting situation, and hope that you can quickly stabilize it to keep your brother away from your father. It's sad when an adult child financially abuses a parent, but I know it unfortunately does happen.
Second, if you can locate your father's past tax returns, check them for income, including IRAs, mutual, etc. If you can't locate them, I believe you can request them from IRS, but you might need to get the guardianship first to ensure that the returns will be made available to you.
These should give you a good idea of other sources of income over the years. Notify them all, just to be on the safe side.
Third, get a credit report to see if there are any suspicious indebtedness listings that appear, which might indicate that your brother has created debts in your father's name. You can also put a credit freeze on his reports; I did that after my father died just to be on the safe side.
Fourth, there used to be a nonresponsible notice that could be placed in a legal newspaper in your area, which affirmed that someone would not be responsible for any debts not created by him or her.
Given the decline of print media, I don't know if legal newspapers are still printing these notices, but there might be one locally with a website. It's been so long since I worked with these that I don't remember the specific preventions that arise from such a notice, but it's something to check out.
Fifth, you could consider getting a PPO (Personal Protection Order) to prevent your brother from physically or in other ways harassing or harming your father. I don't recall the scope of them and whether or not fraud or forgery would be included; this would be a question for the local governmental entity (county, in my area) that issues them.
Contact can be forbidden for in person, phone, any tech device, writing, or other method by which your brother might attempt to contact your father. When we got one, the judge changed the parameters somewhat, but it still was a preventive order. At that time, a Sheriff's Deputy service the order; this isn't your responsibility. I don't recall how long the effective period was.
An alternate would be a longer term Restraining Order, which you could create yourself but the aid of an attorney would be advisable. This would be a longer term protection for your father against abuse and physical contact from your brother.
Sixth, IL has these entities which might offer more insight on the broadest scope of notifications:
https://www2.illinois.gov/aging/ProtectionAdvocacy/Pages/elder_rights.aspx
Senior Helpline: 1-800-252-8966
https://illinoisattorneygeneral.gov/seniors/
Seventh: I assume you've cancelled all the credit cards, but if not, that's another step to take.
Hope this helps; and good luck to you and best wishes for righting these wrongs, and for the legal actions to be enforced against your brother.
The State, your lawyer, and the elder abuse investigator already know this, imo. Perhaps viewing this as a sibling dispute. When in fact, it is criminal fraud (as you describe it).
The key in all this will be your Dad, as he appears to "seemed to know what he was doing". If Dad says he wants his son there, and has a relationship with his son, you will continue to be undermined at every turn.
Prepare yourself. Look for Assisted Living or Memory care now, closest to your real home, with your husband. Removing Dad from the situation must be your priority. (Instead of fighting your sibling and bringing him to justice). The Guardianship may need to be in your home state.
Four years personal experience here, from the criminal fraud by [his]
step-son to [his] death.
So, can you answer where your brother is living?
What is your Dad's attitude on this situation?
Is he aware of your brother's actions-did Dad give your brother permission?
(pretending to help him), saying he gave it to her. She sold it, the daughter never got the car back. No paperwork required for criminals.
2) It will be a surprise if brother has changed the title to the house and it has not yet been recorded, or the records updated.