My brother, dad's POA, is hiding life insurance policies left to my father from our mother and is using his money as he pleases. My father doesn't want to see his son get into trouble so he goes along with everything my brother does. I have videos of him yelling at my father and you can hear the fear in my father's voice, as well as my sister (she is in on it as well) stating they lost money (how do you lose $30,000?). I have a text message from my sister telling me she needs $8,000 from my father and he wants me to go over their house before he gives it to her. This is because he is afraid to say no to her, so he wants me to tell her no, which I did but the POA had no problem handing it right over to her. I have a video of me telling my dad they are stealing from you and he states, you are probably right. I hired an attorney, he agrees that it is financial elder abuse but since my brother is POA and my dad won't file the complaint, it's ok for him to continue to wipe out my dads account. Laws need to change, this is a disgrace. I did everything I can think of to help my dad, I had hoped that if he needed assisting living, he would be well taken care of, unfortunately, the one with the power could care less what happens to him. If anyone has any advice, I'd love to hear it! Thanks for listening!
As the PoA for your father, your brother would have signed a legal document in your state that LEGALLY spells out exactly what he can and cannot do with your father's money and assets. A PoA can pay your dad's bills from his accounts and use funds for his care, but a PoA cannot "gift" money from your father's funds to anyone without his permission.
I would first demand your brother present you the PoA that he and your father signed. If he refuses, Google "Power of Attorney" forms for your state. The forms will give you a foundation on which to challenge your brother's actions. For example, in my state:
"Agent's Duties When you accept the authority granted under this power of attorney, a special legal relationship is created between you and the principal. This relationship imposes upon you legal duties that continue until you resign or the power of attorney is terminated or revoked.
(1) Act loyally for the principal's benefit; (2) Avoid conflicts that would impair your ability to act in the principal's best interest; (3) Act with care, competence, and diligence; (4) Keep a record of all receipts, disbursements, and transactions made on behalf of the principal; (5) Cooperate with any person that has authority to make health care decisions for the principal to do what you know the principal reasonably expects or, if you do not know the principal's expectations, to act in the principal's best interest; and (6) Attempt to preserve the principal's estate plan if you know the plan and preserving the plan is consistent with the principal's best interest."
Contact social security fraud. This is easily done online. They will check to see how money is being used. They don't like seniors or disabled being taken advantage of. Get hold if elder law attorney for guardianship.
The people that are financially abusing will lie as long as they can.
Been there.
You say he doesn't want to see his son get into trouble. It just crosses my mind that if you let him see for himself how his son treats him when the son wants money, he may at least want the abuse to STOP.
If your father is still his own decision-maker, so that no action can be taken without his consent, then he is also free to annul your brother's power of attorney and appoint somebody else. If not you, then perhaps that attorney could recommend alternatives.