Power of attorney, elder law, etc.

[akiravalor]

What is the name of your state? IL
My mother died when my brother and I were very young. My Father chose not to keep in touch with my mothers relatives. Out of the blue my brother got a call in regards to a recent estate sale. Turns out our mothers mother was recently committed to a home and is somewhat dellusional. Her caregiver assumed power of attorney claiming there were no living relatives and controls all the assets from the sale and is in the process of selling our grandmothers home . This caregiver has made it clear they will only speak to us through her attorney and has even tried to block us from visitation. We are concerned she is being taken advantage of since this follows this familiar pattern ... "seize control of the elder and her finances; get a power of attorney; transfer property to the abuser's name; and above all, keep other children and caring relatives away so they don't discover what's going on. "
She seems to be getting decent care at the home, but she is in need of glasses, teeth and other miscellaneous items that could be provided from funds raised in the estate sale. Unfortunately we have no power to make sure this happens, we cannot even discuss her health treatment with her doctors. What should we do?

 

[BelizeBreeze]

did you bother to find out if the caregiver has a power of attorney over granny's medical/personal issues?

If not, then you can file for guardianship. At the least, you should contact an attorney to discover just what rights the caregiver may have or not have.

 

[akiravalor]

We were told by the people who conducted the estate sale and the heath care center that the caregiver had power of attorney. Because of this they could only discuss our grandmothers situation in very general terms. How can we verify? If true, how does this affect filing for guardianship?

 

[BelizeBreeze]

We were told by the people who conducted the estate sale and the heath care center that the caregiver had power of attorney. Because of this they could only discuss our grandmothers situation in very general terms. How can we verify? If true, how does this affect filing for guardianship?

the caregive may in fact have a health poa. That's NOT the point. Find out if they have a general power of attorney.

 

[BlondiePB]

Turns out our mothers mother was recently committed to a home and is somewhat dellusional. Her caregiver assumed power of attorney claiming there were no living relatives and controls all the assets from the sale and is in the process of selling our grandmothers home .

I'd like to know just EXACTLY when did the caregiver acquire POA, especially before or after this mother was committed.

 

[akiravalor]

The healthcare facility told us the caregiver had both HPOA and General POA prior to her being admitted, however we have not actually seen that documentation.

 

[BlondiePB]

The healthcare facility told us the caregiver had both HPOA and General POA prior to her being admitted, however we have not actually seen that documentation.

You can call Adult Protective Services who will do an investigation regarding the POA, including when the caregiver acquired the POA, the POA's handling of the estate & money, and the POA's duty to ensure that granny's needs (glasses, teeth, etc.) are being taken care of by the POA with granny's insurance and money.

 

[akiravalor]

My brother is contacting protective services.
We tracked down a cousin of my mothers who believed that some senior services had been involved in this situation several years ago, but is unsure of the specifics. In the interim, should we still seek guardianship or be doing anything else? A similar case in another forum suggested freezing the elders assets until the situation can be looked into further. There is also an urgency because they currently have her house for sale. Shouldn't that be halted as well?

 

[BlondiePB]

My brother is contacting protective services.
We tracked down a cousin of my mothers who believed that some senior services had been involved in this situation several years ago, but is unsure of the specifics. In the interim, should we still seek guardianship or be doing anything else? A similar case in another forum suggested freezing the elders assets until the situation can be looked into further. There is also an urgency because they currently have her house for sale. Shouldn't that be halted as well?

If APS determines this is Elder Abuse, APS can petition for guardianship and all transactions (i.e. sale of the home, etc.) will be reversed by the court. Below is a link to your state statutes for Elder Abuse. I scanned through them to try and find if there is a state mandated time for an investigator to go out once the report is made and didn't see it. Some state statutes do specify that an investigator must go within 24 hrs. after a report is made. You can thoroughly read through this.

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=1452&ChapAct=320 ILCS 20/&ChapterID=31&ChapterName=AGING&ActName=Elder+Abuse+and+Neglect+Act.#top

 

[akiravalor]

Adult protective services told us they could not do an investigation because she was already in a home. Now what?

 

[BlondiePB]

Adult protective services told us they could not do an investigation because she was already in a home. Now what?

Baloney....call APS back and talk with a supervisor. Be sure to get the name(s) of people that you talk with.