• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Power of Attorney

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.



pacaretaker

Junior Member
I have been taking care of my mom since 2/07. She was hospitalized due to depression/anxiety...had an attack while I was away out of state. Came home to find this out. Took care of all her medical needs, made sure she got to the doctor, had medicines. Became POA while she was in the hospital. She could live on her own since she could not drive and claimed she could not cook. Moved her nito my own home along with all her belongings. My brother never called to check on her staus or wellbeing. 2 months later after a discussion with her to spend 1 weekend amonth w/her sister in law, she decided it was not acceptbale and tried to commit suicide. i came home from work and found her. Called 911 and she went back to the hospital and then to psychiatric care again. Again, i am the only person who did anything for her. All transportation, care, repsonsibilities and so on. After she was in Psych unit, she could not come back home with me since there was no one home during the day. She moved into a personal care home that could prepare her meals and help her with simple tasks...socialization. I was paying her medical bills for the 1st hospitilzation and when this 2nd issue arose, she needed her money to help pay the cost of the facility and any other issues that came up. She had $12,000 in a savings account. We moved a very small part of it to a new checking acct and put the rest in her safe. Part of the $ from the safe was put in the checking as needed. $ was also removed from the safe when she needed cash or the have personal items purchased for her. I opened 2 credit card accts in her name with me as the authroized user. I told her what I was doing and she said she was fine because she trusted me. This was in August 2007. The cards were used for both of us and I have been paying on them out of my own bank account and have never used any of her money to make a payment. I also tried to give her one of the cards to keep with her so she can make her own purchases for the items she needed but she asked my to take care of that for her instead. There have been a lot of problems since this has began in 2/07. She called my office with the willful intent to put my job in jeoprody, lied to me and her doctors and has just been mentally abusive. Due to the trouble and grief she has casued me, I had no other choice but to give her the decision to find some one who can be her servant like she wanted or she could live with her son in Wi who only called maybe 3 times since all this has happened. She finally decided to move to Wi. Now my brother is claiming that I fraudulantly opened these accounts with out her knowing (she also lies and manipulates) and that I drained her bank account and is accusing me of mental abuse on her. He claims he is filing a police report for identity theft, fraudulant accounts and other things too. We all feel he is upset bwecause he is now stuck with the burdon. Does he have a case against me?
 

seniorjudge

Senior Member
Q: Does he have a case against me?

A: Well, I have to tell you that opening TWO credit cards for a mentally ill person with you as an authorized user sure doesn't look good.
 

pacaretaker

Junior Member
I understand. Thank you. She was not considered incompentant by medical staff and she was aware of the accounts. Well, I am hoping then that everything else i did for her will show I never had any intent on causing harm or "stealing her identy" as my brother claims. There are numerous people here that will be able to confirm her behavior as time went on. Thank you again.
 
Last edited:

seniorjudge

Senior Member
I understand. Thank you. She was not considered incompentant by medical staff and was she was aware of the accounts. Well, I am hoping then that everything else i did for her will show I never had any intent on causing harm or "stealing her identy" as my brother claims. There are numerous people here that will be able to confirm her behavior as time went on. Thank you again.
Make sure you can account for every single cent of hers that you spent.

Every

single

cent.


Period.

End of story.

Even if.
 

pacaretaker

Junior Member
My power of attorney has now been revoked. I have been making payments on the credit cards. SHould I continue to make the payments? I believe they have filed notice with the card companies that they were open fraudulantly but I am still receiving the statements. I will continue to make the payments as long as it will not get me in trouble.

Thank you.
 

pacaretaker

Junior Member
Understood. I will continue with the payments. On the savings account issue, her money that was in her safe ran out in March. I have made an accounting of the money with the exception of $76. When she asked for money to keep in her wallett for a hair cut or requested me to pick up cigarettes for her, I took it out of her safe as she requested and gave it to her and did not make receipts since it was her money and her personal articles. I am hoping this does not cause an issue. If she wanted to have access to her money, she could have. Thank you again for your insight.
 

BlondiePB

Senior Member
Understood. I will continue with the payments. On the savings account issue, her money that was in her safe ran out in March. I have made an accounting of the money with the exception of $76. When she asked for money to keep in her wallett for a hair cut or requested me to pick up cigarettes for her, I took it out of her safe as she requested and gave it to her and did not make receipts since it was her money and her personal articles. I am hoping this does not cause an issue. If she wanted to have access to her money, she could have. Thank you again for your insight.
Without receipts, how can you be able to stand in front of a judge and explain every penny of your mother's money?
 

pacaretaker

Junior Member
I kept a log of when I went to see her and the dates that she requested items. Some of the items were purchased using her debit card or my debit card depending on what I had with me at the time, or if I new in advance before leaving the house, I was able to take cash and purchase it that way per her instructions. I have a copy of all her statements as well as mine. Although it does not show what the purchase was, it does show where the purchase was made and I have been able to identify what each purchase was for whether it be cigarettes, toiletries, meds and so on. She was also with me to make the purchase numerous times. I am hoping for the best in this situation. Under the level of stress I was under due to the circumstances, my main concern was to make sure she had what she needed and did not even think about receipts for individual purchases like that.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top