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Power of attorney being challenged

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latigo

Senior Member
Good for the ex wife and APS. Unfortunately neither will likely read the thumbs down responses you have received from your "whitewashing dress rehearsal".

Didn't come off as you had hopped, did it, Mr. Embezzler?

Good luck in being exonerated of wrong doing on the wistful theory that you were only "stealing from yourself".
 


Wii36o

Junior Member
Leveraging the chunk of dirt;

Borrow using the property as security.
It is unprocessed farmland and at base value a bank wouldn't be too willing to borrow against it.

Sounds like they would but they just aren't.

I should have been able to take home equity loan on my home since it's worth $400k and I only owed $100k but I couldn't. Banks are funny that way.

Trust me if I could have I would have done that. I also would have just taken it out of my retirement account if I would have know this would have been a problem. I am one that gives not takes. I have given all my life $10's of thousand to friends in need that I never saw again. My mother taught me that. Why would I steal from her? This was simply me being ignorant and not realizing the situation at hand. All I want to do now is fix it so I don't lose POA over my mother. I don't want her to fall into the hands of the government. That is my only fear.
 

justalayman

Senior Member
She wouldn't become homeless. She would become property of the state basically. They would liquidate her funds and then the taxpayer would continue to pay for her care until she passes. Is this bs? That is the reality. I was advised to so this and improperly so. I see that now and can reverse every dime back into the account if need be. I would take her in as her legal Gardian before I would ever let the state do so. This includes quitting my job to do so. She is my mother. I feel ask if there is a sense that I am some evil character on this post? Why would that be the case? If you had Alzheimer's would you want your money that you worked your whole life for to be taken over by the government or would you want your only remaining child to have it? The answer is she wanted me to have it as stated in her last will. I only did what I thought was best at the time and clearly there are issues with that as I see now. I wish I had the vision back then to look into it more but at the time with my husband we were lead to believe it was the right thing to do.
Regardless what I wanted to do with my money, if it had to be used for my care then that's where it gets spent.




And to be honest I would much rather spend every penny on my care so my child was not burdened with caring for me. Caring for an Alzheimer's patient is very difficult and i would never want to put my children through that regardless of whether it bankrupted me or not.
 

Wii36o

Junior Member
Good for the ex wife and APS. Unfortunately neither will likely read the thumbs down responses you have received from your "whitewashing dress rehearsal".

Didn't come off as you had hopped, did it, Mr. Embezzler?

Good luck in being exonerated of wrong doing on the wistful theory that you were only "stealing from yourself".
I am rhe ex wife and you are sadly mistaken. I don't even know what embezzler means. You think I would do this on purpose? Why would I do this on purpose? I would and will reverse it not because I feel guilty but because I see now that it wasn't the proper way to handle it. You are painting me like some villain. If you knew me you would know that I am not that at all. I have cooperated with aps and also asked them to advise me what I need to do. I was simply ignorant and misled into thinking the way I handled her funds was best. Her advice to me when she issued her will and POA was to not let the government take her money. If she were coherent she would tell everyone involved to mind their own business. I pray everyday for her and that awful disease. I have had to face my mother daily and have her tell me I'm not her daughter. I could give a f $$$ about money I want my mother back. You don't have a clue who you are commenting to. It is selfish to assume you do and to paint me as you have. Sad we have people like that In this world.
 

Wii36o

Junior Member
Regardless what I wanted to do with my money, if it had to be used for my care then that's where it gets spent.




And to be honest I would much rather spend every penny on my care so my child was not burdened with caring for me. Caring for an Alzheimer's patient is very difficult and i would never want to put my children through that regardless of whether it bankrupted me or not.
Burdened. Wow speechless. You have no idea what it is like to deal with this type of disease. That's my mother and I am her daughter. She is still a human being for f sake. Burdened?? That is an awful thing to say. I would take my mother in my home rather than ever let the government pay for her care and liquidate her life savings. It's what she would do and isn't that what a POA and legal Gardian would do for you. God I hope my children don't think that way when they get older. I pray for you.
 

justalayman

Senior Member
Burdened. Wow speechless. You have no idea what it is like to deal with this type of disease. That's my mother and I am her daughter. She is still a human being for f sake. Burdened?? That is an awful thing to say. I would take my mother in my home rather than ever let the government pay for her care and liquidate her life savings. It's what she would do and isn't that what a POA and legal Gardian would do for you. God I hope my children don't think that way when they get older. I pray for you.
You apparently have no understanding of the English language. Yes, it is a burden to care for an Alzheimer's patient.


noun
1 a :something that is carried :load
b :duty, responsibility
2 :something oppressive or worrisome




Would you like me to look up embezzlement for you as well?
 

Wii36o

Junior Member
What is all this "expensive because government-funded" and "fall into the hands of the government" stuff?
Who takes care of the elderly when they run out of money? Do they become homeless? No of course not they are cared for at facilities and get money from the government that isn't covered by the persons social security checks. The first place I had her at was $8700 month. I mean seriously????? $8700 month. It was nothing special at all. The home care is $3000 month and she is tended to by the same person for years. It gives her a sense of stability if there is possible. So why is one place allowed to charge almost 300% more for similar care? Overhead? Better food? Come on. With that being said the government will pay these bills. Our government is in debt for a reason and if I can prevent that by being economical on her healthcare so be it. She could live for another 10 plus years and her funds have to last that long.
 

Wii36o

Junior Member
You apparently have no understanding of the English language. Yes, it is a burden to care for an Alzheimer's patient.


noun
1 a :something that is carried :load
b :duty, responsibility
2 :something oppressive or worrisome




Would you like me to look up embezzlement for you as well?
You are an obnoxious arrogant person. Why are you so spiteful at someone on a forum. You don't even know me. I'm aware of what a burden is. It also means a bother. It is not bother for me to be there for my mother. A key word in your dictionary pull is duty and responsibility. It is my duty and responsibility to care for her because without me there is nobody else. I could just let her rot in some home and watch her funds disappear in 5 years. Then for the next 15 she is alive who pays for her care? Why should that money go to some overpriced facility. Her giving me POA gives me the right to choose her care facility. She entrusted me with that and would have done the exact same thing had she been able to do it.

That's the beauty of life and human beings. We are all different and life isn't black and white. Lawyers may think so but not everyone has to agree. You may think an orange is the best fruit while I think it's an apple. Beauty is we are both right.
 

Wii36o

Junior Member
Misdirected

This list turned from a legal advice on the first couple posts to a bash fest on ethics.

All I was hoping for is some info on what to do next to rectify this situation. I will discontinue using this forum as if appears it is a vessel for ones personal feelings vs offering legal advice

How many times have you walked into a lawyers office and he calls you an embezzler and asks you if you know the definition of burden? I think focusing on unbiased legal advice would do everyone good. Sorry for the bother.
 

justalayman

Senior Member
You are the one that was so offended when I said it was a burden to care for another. You obviously didn't know what it meant or was your chastisement of me simply histrionics on your part?


You were told long ago what to do; hire a lawyer


And yet again we here about how worried you are about your mothers money. Sorry but the costume you wore to the play is not concealing the actor beneath.
 

Silverplum

Senior Member
Burdened. Wow speechless. You have no idea what it is like to deal with this type of disease. That's my mother and I am her daughter. She is still a human being for f sake. Burdened?? That is an awful thing to say. I would take my mother in my home rather than ever let the government pay for her care and liquidate her life savings. It's what she would do and isn't that what a POA and legal Gardian would do for you. God I hope my children don't think that way when they get older. I pray for you.
Right after twice using filthy language at him? Or before?

:rolleyes:
 

justalayman

Senior Member
It is unprocessed farmland and at base value a bank wouldn't be too willing to borrow against it.

Sounds like they would but they just aren't.

I should have been able to take home equity loan on my home since it's worth $400k and I only owed $100k but I couldn't. Banks are funny that way.

Trust me if I could have I would have done that. I also would have just taken it out of my retirement account if I would have know this would have been a problem. I am one that gives not takes. I have given all my life $10's of thousand to friends in need that I never saw again. My mother taught me that. Why would I steal from her? This was simply me being ignorant and not realizing the situation at hand. All I want to do now is fix it so I don't lose POA over my mother. I don't want her to fall into the hands of the government. That is my only fear.
I missed this one. Are you really suggesting you cannot borrow less than 10% of the value of the land? Dang, I would take on that out of my own pocket. A bank would be foolish to pass up such a guarantee. But what is this base value? It's either worth $1.4MM or it isn't.





And you couldn't get a home equity loan with numbers like that? Again, banks don't turn down sure things and easy money. There is something you are hiding that would cause a bank to turn down deals like that.



Banks are in the business of making money. If they wouldn't loan you money there is a reason and it isn't just because they are funny.
 

commentator

Senior Member
My question is, why would your ex have thought about turning you in to APS if you were being such a paragon of financial virtue?

I went through a divorce while caring for my mother, being her POA and believe me, that was one allegation that never came up.

When APS gets a complaint, hears someone allege there is smoke, they tend to go look for a fire, even if it is not a big one. In a sense, it's sort of like after the fact accusing the soon to be ex of molesting the children. It was all right with you until the divorce, we assume? Your ex was cool with how you were treating your mother until it no longer benefitted him.

But then because they have received the complaint, there is the necessity that they do examine the situation. Your reaction to this examination and all your self justification for what you describe is what is off-putting. And believe me, the people here are going to be no more judgmental and cynical than the people in the court system and who do this for a living.

I did have to take the POA from another family member and the thing I kept hearing from them to justify the wholescale raping of her resources that was going on was to "keep the evil old no good in-debt government from getting her money!" And "She would've wanted me to have it anyway! That's what she said when she was in her right mind! She would've told you to just mind your own business!"

The investigators will have heard that one over and over, so when you are working on your story, lay off that theme. If your mother needs more care and has exhausted all her resources, the government will naturally step in. That's how it is set up in this country. And this person receives, or should receive exactly the same level of care that a self paying patient does.

However, when they are assessing her resources, there is that little thing of the five year look back where if it appears that someone has deliberately divested her assets (paid themselves with the warm hand versus the cold hand, so to speak) in order for her to qualify for Medicaid, they do a detailed examination of the use of her resources. If it appears they've been moved and changed in the period over the last five years, (so the government wouldn't get them) she will be denied government paid care and you will have to pay for her care out of pocket for a penalty period.

As far as "before I'd let my mother go back into one of those evil government sponsored care facilities, I'd keep her at home by myself!" sure you would. There's an old saying about dealing with elderly parents, "it's cheaper to keep her!" But as I'm sure you know, and I'm sure they provide in the placement you have for your mother, Alzheimer's and dementia patients need around the clock care, and their medical care becomes more and more labor intensive as their condition intensifies. Adequate in-home care often requires at least three reliable full time caregivers and reliable back ups. If you think it's hard to sell farmland, try finding three or four good full time in home caregivers to help your care for a difficult patient. Or try doing it all yourself. Eventually, no matter how good your intentions, you must have lots of help. It is a burden.

But if you have a clean conscience about how you have dealt with your mother's assets, then you have nothing to worry about. You just go through the process of being investigated. Don't be so injured and defensive. If you think there may appear to be some questionable action on your part, involve that attorney to advise you. There are ways to care for your elderly parent that are above reproach and will stand up under examination.
 
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