D
ddoubletime
Guest
What is the name of your state? California
Background: My friend is permanently disabled from a hospital error. She suffers from severe pain requiring use of sustained release narcotics and suffers from memory loss, among numerous other problems.
Because of the loss of cognitive function she requested that I take over her financial and business affairs (act as a conservator with no legal documentation for fear of her exhusband gaining sole custody of their children). She gave me all information necessary to manage her finances including bank account numbers, pin numbers, prior addresses, mother's maiden name... We were unable to locate checks for the account so she told me to "do whatever you have to to take care of everything." She owed me money (approximately $1500) and stated "you have access to all of my accounts, just take what I owe you but try not to leave me stuck." I contacted the bank with this information and ordered checks to begin handling her affairs. She also gave me contact information for her attorneys and family members but asked me to keep everything private because of the custody battle. She wanted to give me power of attorney but her medical condition precluded her from leaving home on each of my last two visits (she lives in NV, the bank account in question is in CA, she just moved). She was supposed to get the power of attorney the next time she was healthy enough to leave the house.
Over the holidays she was not able to reach me for about a week because I was out of town. She contacted her bank to see what she had available for Christmas shopping and in a moment of lucidity began asking questions about her account that I had been utilizing to care for her needs and reimburse myself for money due to me from her. She told the bank that she had no knowledge of checks being odered for her account. This started a panic because she had been a victim of identity theft in the past.
She doesn't believe that I have done anything wrong, but states that she never would have given me permission to order checks. While I was away over the holidays she spoke with my exhusband and his wife in an effort to locate me and resolve her unanswered banking questions (she knows my exhusband). My ex and his wife are now pressing this matter, contacting anyone who has ever known me to gather information of any possible wrongdoing. I was convicted of theft in 2000 and placed on probation (it is a very long story, my exhusband was involved but was never prosecuted and I was acting out of fear for the safety of my daughter and myself from my exhusband, we were married at the time). The new wife is contacting people stating she is a former FBI agent (I have reported her to the FBI for impersonating a federal agent). She has been harassing my friend with 3-6 phone calls a day and emails stating that she better prosecute or else (always something to that effect).
I have done nothing willfully wrong. I was trying to help my friend in her time of need. She was aware of my prior conviction ( felony reduced to a misdemeanor on the recommendation of my probation officer after serving about 1/2 of my probation). She was also aware of the circumstances in my household leading to the theft and of my fear of my husband.
My questions are:
1. I know I should have had something in writing, but, did I do anything illegal? If so, does anyone have any suggestions other than the obvious one of get everything in writing?
2. My exhusband and his wife are trying to use this and my prior conviction against me in an effort to gain custody of my daughter (I have sole custody). What can I do to stop their harrassment and protect my custody rights (my daughter will be 13 in 2 months and has no interest in living with her father).
3. What can I do to get my exhusband's wife to back off and stop harassing me? Can I prevent her from contacting people I know to gather and spread information?
4. Any other suggestions or comments pertinent to this matter?
Thank you in advance for taking time to read and respond.
Background: My friend is permanently disabled from a hospital error. She suffers from severe pain requiring use of sustained release narcotics and suffers from memory loss, among numerous other problems.
Because of the loss of cognitive function she requested that I take over her financial and business affairs (act as a conservator with no legal documentation for fear of her exhusband gaining sole custody of their children). She gave me all information necessary to manage her finances including bank account numbers, pin numbers, prior addresses, mother's maiden name... We were unable to locate checks for the account so she told me to "do whatever you have to to take care of everything." She owed me money (approximately $1500) and stated "you have access to all of my accounts, just take what I owe you but try not to leave me stuck." I contacted the bank with this information and ordered checks to begin handling her affairs. She also gave me contact information for her attorneys and family members but asked me to keep everything private because of the custody battle. She wanted to give me power of attorney but her medical condition precluded her from leaving home on each of my last two visits (she lives in NV, the bank account in question is in CA, she just moved). She was supposed to get the power of attorney the next time she was healthy enough to leave the house.
Over the holidays she was not able to reach me for about a week because I was out of town. She contacted her bank to see what she had available for Christmas shopping and in a moment of lucidity began asking questions about her account that I had been utilizing to care for her needs and reimburse myself for money due to me from her. She told the bank that she had no knowledge of checks being odered for her account. This started a panic because she had been a victim of identity theft in the past.
She doesn't believe that I have done anything wrong, but states that she never would have given me permission to order checks. While I was away over the holidays she spoke with my exhusband and his wife in an effort to locate me and resolve her unanswered banking questions (she knows my exhusband). My ex and his wife are now pressing this matter, contacting anyone who has ever known me to gather information of any possible wrongdoing. I was convicted of theft in 2000 and placed on probation (it is a very long story, my exhusband was involved but was never prosecuted and I was acting out of fear for the safety of my daughter and myself from my exhusband, we were married at the time). The new wife is contacting people stating she is a former FBI agent (I have reported her to the FBI for impersonating a federal agent). She has been harassing my friend with 3-6 phone calls a day and emails stating that she better prosecute or else (always something to that effect).
I have done nothing willfully wrong. I was trying to help my friend in her time of need. She was aware of my prior conviction ( felony reduced to a misdemeanor on the recommendation of my probation officer after serving about 1/2 of my probation). She was also aware of the circumstances in my household leading to the theft and of my fear of my husband.
My questions are:
1. I know I should have had something in writing, but, did I do anything illegal? If so, does anyone have any suggestions other than the obvious one of get everything in writing?
2. My exhusband and his wife are trying to use this and my prior conviction against me in an effort to gain custody of my daughter (I have sole custody). What can I do to stop their harrassment and protect my custody rights (my daughter will be 13 in 2 months and has no interest in living with her father).
3. What can I do to get my exhusband's wife to back off and stop harassing me? Can I prevent her from contacting people I know to gather and spread information?
4. Any other suggestions or comments pertinent to this matter?
Thank you in advance for taking time to read and respond.
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