If are my brother has a power of attorney over our mother is it a criminal act to use her money to gamble? Trying to

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Customer: If are my brother has a power of attorney over our mother is it a criminal act to use her money to gamble?
JA: Have any charges been filed? If so, when is the next court date?
Customer: No, trying to figure out if there are charges?
JA: In what state did this occur?
Customer: Arizona
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No.
Answered by Zoey_ JD in 5 mins 7 months ago
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Zoey_ JD
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Zoey_ JD
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Zoey_ JD, Expert

Hi,

I’m Zoey, and I am an experienced attorney. I know your question is important to you and I will be giving it the time and attention it deserves.

In case you would like a faster response, the site will automatically offer you an optional phone call for an additional fee. No need to choose a phone call unless you'd like one. I’m happy to type or to talk.

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Zoey_ JD, Expert

Has your mother given him permission to use her money for gambling?

Customer
Not that we know of unfortunately. She was deemed incompetent in January but the last charge was in December. There was 3 totaling 15k.
Customer
He made the bets using her credit card
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Zoey_ JD, Expert

Financial exploitation of the elderly is elder abuse.   It can be punished civilly and criminally.   If your mother gave your brother power of attorney when she was competent to do so, so that she would be protected when she couldn't tend to her finances herself, then he also has a fiduciary duty to protect her assets.

You should report this to Adult Protective Services in Arizona.  Your mother is considered a vulnerable adult under civil law, and you are very right to be concerned.

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Zoey_ JD, Expert

Do you need me to clarify anything or to give you more information?

Customer
No that was perfect thank you so much!
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Zoey_ JD, Expert

You're very welcome!

Any other follow-up questions?

Customer
No that was it. Have a great evening
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Zoey_ JD, Expert

Okay, then!

If there is anything more I can help with for this issue, you can always find me again on this chat thread. If you have new questions about other topics, you can reach me at https://www.justanswer.com/law/expert-zoeyjd and by starting your new question with "For Zoey Only."

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