Power of Attorney exploitation South Carolina

[anasazi]

A few years ago, we had a terrible thing happen in our family. We have a sibling who is widely thought to be a sociopath (one of his probation officers even said that word). He gained influence over our mother, who has suffered from some psychological problems her entire life and now has a diagnosis of dementia. He got her to sign a durable POA in the state of SC, and immediately proceeded to liquidate her accounts, funneling the money straight into his business accounts. He had her sign papers when she was not aware what she was doing. He isolated her from everyone else (EVERYONE) in the family who knew of his serious behavioral problems. He moved her to another state (SC) and blocked all efforts to stay in contact with her. This is a long, long series of events that took place over almost 3 years.

To summarize, we knew what he was doing. He is an alcohol and substance abuser, liar and a thief, with active warrants for probation violation, disorderly conduct and DUI (3 warrants) and now 3 open DUI cases in 2 other states. We called police and DSS. We live 4 hours away in another state. Remember that he tried to get restraining orders, so we felt we couldn't travel to that state or phone our mom anymore. He has contrived lies to attempt to get us arrested (unsuccessfully), and we have spent a fortune on attorneys in our attempt to protect ourselves. He kept up these attacks until our mother ran out of money. Within 3 years, her nest egg of more than 1/2 million US dollars was gone. He has now left the state.

My concern is that DSS completely failed to help in the situation, and I believe they are responsible for her prolonged suffering at his hands and for the financial losses that continued to take place after they were notified. #1) He lied to them during the course of their investigation (a misdemeanor), but they took no action. He told them that he was her only child. There are, in fact, 5 of us. That would have been easy enough to prove. #2) They asked him for financial records. He refused. They did nothing. In fact, they soon after closed the case. #3) They questioned our mom when he was present. #4) They failed to find his extensive arrest record. #5) They were aware that he launched an extension campaign of intimidation against us after we reported the matter to them (misdemeanor), yet did nothing.

On the two misdemeanors they could have easily proven in court, he could have served a maximum of 6 years in prison. They did nothing.

He left our mom with negative bank balances, unpaid bills, a huge tax liability (from liquidating her retirement accounts) ruined credit, lapsed insurance and nothing but her social security income.

It's not all over yet. The POA has yet to be revoked, but at least he's no longer in the home he bought with her money (and borrowed money against).

I'm SO angry with DSS and police there for what I see as negligence. What can be done on mom's behalf to get justice? At the very minimum, some criminal charges should be filed. But DSS says the case is closed. They refuse to have anything further to do with it. Best case would be that they would be found liable in some way, and mom could recover her saving from an action against them.

Does anyone have any advice? I am seeing an attorney in my state tomorrow, since the whole thing started here. I think he could be charged in 2 states. If nothing else, he needs to be put away so he won't hurt other vulnerable people. He is a predator.

[Betty3]

You really do need to run this by an attorney.

[anasazi]

You really do need to run this by an attorney.

Thanks. I thought so. However, my faith in attorneys is also blown. I got very little help from them, even after paying huge retainers. I get the idea that nobody cares about what happens to old people in SC.

[Betty3]

Talk to the one you are already scheduled to see & see what they have to say.