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Asset Recovery

When a Caregiver Claims a Loved One’s Property: What Families Should Do First

Family meeting a TJS investigator about a caregiver concern

Vehicles going missing, new documents appearing, a parent suddenly hard to reach. The first steps that protect an elderly or ill loved one and what they own.

It often starts quietly. A parent who used to call every Sunday stops answering. A car that was always in the driveway is gone. The caregiver starts saying things like “he wanted me to have it.” Bank statements stop arriving. By the time a family reaches out to us, they have usually been carrying a bad feeling for weeks.

If this is where you are, you are not overreacting, and you are not alone. Here is what to do first.

Not every claim is theft

It helps to start with an open mind. Sometimes a caregiver genuinely was promised something. Sometimes there is a valid document the family didn’t know about. And sometimes someone saw an opening and took it. The goal is to find out which, with facts rather than accusations.

Don’t confront too early

This is the most common mistake, and the most understandable one. The moment a caregiver knows the family is suspicious, things can move fast: titles transferred, vehicles moved, accounts emptied, documents produced that nobody can explain. Before saying anything, quietly gather what you can and get advice.

Write down what you know

  • What property or money you believe is at risk, and when you last saw it
  • Changes in your loved one’s contact with family, and when they began
  • Any documents mentioned, such as a power of attorney, a new will or a deed
  • Names, vehicles and addresses connected to the caregiver

Power of attorney is not ownership

A power of attorney lets someone act on another person’s behalf. It does not make that person the owner of their property, and in Texas an agent under a power of attorney owes duties to act in the principal’s interest. If a caregiver is using a power of attorney to move assets into their own name, that is something an attorney needs to see quickly.

Bring in the right people

An attorney experienced in probate or elder law can advise on guardianship, challenging documents and protecting assets. If you believe an elderly or disabled person is being exploited, you can also report it to Adult Protective Services through the Texas Department of Family and Protective Services. If you believe a crime has been committed, contact law enforcement.

Where an investigator helps

A licensed investigator can document what is actually happening and locate property that has been moved, without the family putting themselves in a confrontation. That can include public record research on vehicles, property and business filings, and surveillance from public places to document who is using what and where. The result is an organized report your attorney can act on.

Please don’t try to follow or watch the caregiver yourself. It rarely helps, and it can make a hard situation worse.

If your family is facing this, talk to us. Our asset searches and surveillance are often used together in these cases, and every conversation is confidential.

This article is general information, not legal advice.

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