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POA and Elder Abuse Allegations

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capnlindy

Junior Member
Hello,

I live in the Los Angeles, Ca. area and care for my mother who has moderate dementia. I have POA as does my Sister for my mother’s affairs. We both want what is right for our mother however we do have differing opinions on many issue when it comes to the how to achieve a goal. My mother suffers from paranoia in the financial realm; she thinks she is broke and that her pension payments are being cut. She refuses to accept the actual values of her investments and bank deposits and will not buy clothes or sundries due to this perceived condition. Her monthly expenses are roughly 60-70 percent of her pension benefits and she has about 150,000.00 in investments and liquid cash. I am painting this picture for a couple of reasons, first my sister and I both agree it is time for mother to be cared for by professionals and secondly because of an incident that occurred last week.

The incident that occurred was at her bank and it involved me. I don’t know if this is the appropriate forum for this however here is the recap. I asked my mother if I could borrow some money to fund a business venture. I explained the concept and what I wanted, explained that the assets I needed funding for were valued in excess of the amount requested on the open market and drafted a promissory note with the amount and terms. My mother has loaned me money in the past when she was of sound mind. I keep getting the response that she did not have the money and couldn’t do it. I showed her the bank statement and asked her to subtract the amount requested from the balance. The account in question is a savings account and is not used for anything at this time; the amount I asked to borrow was 26,000.00 about 40 percent of the total balance. I took her to the bank and we went to a teller, I said that “we” would like to withdraw the 26,000 in two cashier’s checks; a bank payoff to the seller’s bank and an additional check for a remaining balance on the purchase to the seller. My mother started ranting and saying that she didn’t have the money, I told her that they wouldn’t issue the checks if that were the case and assured her that there was indeed plenty of money in the account to fund the loan. At this point another teller whom my mother knows well took over the transaction. She questioned my mother and my mother was quite confused, at this point the teller asked me I would allow her to speak with my mother privately.

At this point things were going badly and I said to my mother they are not going to allow you to withdraw and money. I was starting to get upset and walked out to the parking lot and cooled down. When I returned my mother and the teller were still talking and I sat at a distance until the finished. At this point I took my mother home and shortly thereafter my sister took my mother to the bank again at the request of the teller. When my sister took my mother back to the bank I don’t know what all transpired however, at some point my mother admitted to this teller that I had threatened her in some way. I don’t know in what context or how I had allegedly threatened her but this prompted a call to the elder abuse division of the bank. I am both hurt and afraid of witch hunt due to this; I have never abused or threatened my mother in any way shape or form. I have told her that she would go to an assisted living center if she couldn’t help me. I need to either have a viable home business or take a job and a job would dictate her moving to assisted living. This call regarding abuse is troubling in many ways and I feel I have had neither due process nor protection from persecution. I don’t know what the allegations are and if my mother was coaxed into saying something she didn’t mean. In the last year or so my mother has to several stories that read as her own adventures and she has claimed to have been places and done thing that I know to be false. I understand that the bank and its employees are immune from any actions on this and that is even scarier, I am deeply concerned about this incident.

Steve
 


capnlindy

Junior Member
I thought I had several in there.

What if any recourse do I have against the allegations of this bank teller, by my sisters account the teller was leading or drawing my mother to the statement. I have never taken advantage of the situation or breached the fiduciary trust in any way shape or form. I could have easily gone to the bank myself and drawn the money with my POA. My situation in regards to employment require that I protect my name, I don't want any question of my integrity.

Steve
 

BlondiePB

Senior Member
I thought I had several in there.

What if any recourse do I have against the allegations of this bank teller, by my sisters account the teller was leading or drawing my mother to the statement. I have never taken advantage of the situation or breached the fiduciary trust in any way shape or form. I could have easily gone to the bank myself and drawn the money with my POA. My situation in regards to employment require that I protect my name, I don't want any question of my integrity.

Steve
Nope...not one question.

You have absolutely NO recourse. The teller did EXACTLY what she was supposed to do. Furthermore, now that they are all "on to you" you will/can be facing elder abuse & abuse of POA. Keep your hands OFF of your mom's money or face other criminal charges.
 

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