Shrek-n-Fiona
Junior Member
What is the name of your state (only U.S. law)?NY
My father died of Alzheimer's complication in Jan 2013. At the time of his death he had 58K in his checking account. His distributions from some of his investments had just some thru.
My mother had died approx. 10 years earlier. My father decided to move back to his hometown after her death. My sister, who has no children, had him move in w her until he found a place for himself. He did end up with a nice dbl wide trailer in a retirement community.
In July of 2006 he gave my sister POA and my SIL (registered nurse)his health care proxy. It appears that neither used either until the final months before his death tho we cannot be certain. Still looking into that.
In Spring of 2012 (March to May)it was apparent that my father was really starting to fail. My children (college age) would visit him weekly and play chess. The older of my boys would say he could see differences from week to week.
My father also had hired a woman to help him with his ADLs (activities of daily living). It became apparent that he needed more full time care and eventually full time 24 hours care. He did have some long term insurance to cover the costs. I believe it ran out sometime May-June 2012. He most certainly had enough money to cover his care without it.
There's some background:
The issue is, my sister (POA) put her name on his checking account sometime in the Spring of 2012. Her name was NOT on the checks in April 2012 but in early November of 2012 her name was on the account and not listed as POA nor did she sign the checks "her name POA" (my kids received 10k per year for college expenses hence have copies of checks received)
My understanding of POA law is that my sister cannot legally put her name on my fathers accounts once she has POA. She can sign for him on his behalf but not legally take claim to the funds upon his death. His Will states that his worldly possessions revert to the "Family Trust"
It took me forever to get the proof of how much funds were in his accounts upon his death. Lawyers, executor of his estate and trustee of the family trust did not think it relevant to worry about. if it was a few thousand I wouldn't bother but 58K is a nice chunk of change for my sister to piss away on an antique store in the middle of "no-wheres-ville" I am certain the money is gone but an example needs to be made.
I have contacted out local District Attorney and was told take your proof to the State Police for investigation. That has been done but what can we do to make the officer understand the wrongdoing on my sisters part? We don't feel she had the legal right to claim ownership of the account.
Also, records show that sister topped off her husbands 401K the day after father died. Real nice upstanding citizen...donchyathink!
My father died of Alzheimer's complication in Jan 2013. At the time of his death he had 58K in his checking account. His distributions from some of his investments had just some thru.
My mother had died approx. 10 years earlier. My father decided to move back to his hometown after her death. My sister, who has no children, had him move in w her until he found a place for himself. He did end up with a nice dbl wide trailer in a retirement community.
In July of 2006 he gave my sister POA and my SIL (registered nurse)his health care proxy. It appears that neither used either until the final months before his death tho we cannot be certain. Still looking into that.
In Spring of 2012 (March to May)it was apparent that my father was really starting to fail. My children (college age) would visit him weekly and play chess. The older of my boys would say he could see differences from week to week.
My father also had hired a woman to help him with his ADLs (activities of daily living). It became apparent that he needed more full time care and eventually full time 24 hours care. He did have some long term insurance to cover the costs. I believe it ran out sometime May-June 2012. He most certainly had enough money to cover his care without it.
There's some background:
The issue is, my sister (POA) put her name on his checking account sometime in the Spring of 2012. Her name was NOT on the checks in April 2012 but in early November of 2012 her name was on the account and not listed as POA nor did she sign the checks "her name POA" (my kids received 10k per year for college expenses hence have copies of checks received)
My understanding of POA law is that my sister cannot legally put her name on my fathers accounts once she has POA. She can sign for him on his behalf but not legally take claim to the funds upon his death. His Will states that his worldly possessions revert to the "Family Trust"
It took me forever to get the proof of how much funds were in his accounts upon his death. Lawyers, executor of his estate and trustee of the family trust did not think it relevant to worry about. if it was a few thousand I wouldn't bother but 58K is a nice chunk of change for my sister to piss away on an antique store in the middle of "no-wheres-ville" I am certain the money is gone but an example needs to be made.
I have contacted out local District Attorney and was told take your proof to the State Police for investigation. That has been done but what can we do to make the officer understand the wrongdoing on my sisters part? We don't feel she had the legal right to claim ownership of the account.
Also, records show that sister topped off her husbands 401K the day after father died. Real nice upstanding citizen...donchyathink!