Help with accounting

What is the name of your state (only U.S. law)? Ohio

I am the POA for my grandmother who has been placed into an assisted living facility.

Because Adult Protective Services were involved, her attorney was named guardian for a period of 72 hours. We didn't realize that a guardian would have to be appointed in addition to me being POA or we would have done that a long time ago.

Since some other family members have gotten involved, it has delayed the processing of my guardian paperwork.

My grandmother has no assets & had very little money in the bank. When she moved to a nursing home, I removed her money from her bank account as she has always instructed me to do. Elderly paranoia I guess.

I have most of her money, but not all. I have been paying her bills with her money until we could get everything resolved.

Because of a paperwork glitch, probate court has now gotten involved & expects me to turn in an accounting of all monies spent. I really am not sure, I can only guess. I have paid cash for most things & never kept any receipts. I know NOW that I should have but it's too late now. Live and learn.

At any rate, I am trying to create a record of everything I have spent & I am pretty close. Again, we are not talking about anything significant. She had less than $3k in the bank. I have not spent nearly that much & will be turning in the remainder of the cash to her attorney.

My concern is I have not documented anything! Had probate not gotten involved, I guess I wouldn't have had to. Now, that I do, I am concerned that I am going to be in trouble. I have not been frivolous with her funds & all has been spent to take care of her, I just didn't track a dime. I'm sure I could go back to all of the bills I paid & get copies but that will take a lot of time that they have not given me.

This has been a nightmare for my family & I sometimes wish I had never agreed to the responsibility.....but that's too late now too

I guess I am just looking for some advice & guidance on this procedure and any thoughts someone may have.

In addition, am I permitted to use any of the funds for other things ? What I mean is this: I have had to travel many times all over the county for months taking care of her affairs, caring for her home, etc. At least 3 or 4 tanks of gas. Literally thousands of calls from my cell phone to take care of her affairs. From the cemetery,nursing home, VA, insurance companies, utilities, etc.. These were to care for her affairs which I understand to be acceptable but I really don't know.

If my employer hadn't went out of business a couple months ago, this would be a non-issue, I would pay everything without question. But now, that I do not have an income & I am incurring bills on her behalf, how is that handled ?

I am a nervous wreck over this. Not sure why because we are really talking about no money to speak of. I just don't want to feel like I am letting my grandmother down & am doing the right thing.

I would appreciate any thoughts!What is the name of your state (only U.S. law)?

Because of a paperwork glitch, probate court has now gotten involved & expects me to turn in an accounting of all monies spent. I really am not sure, I can only guess. I have paid cash for most things & never kept any receipts. I know NOW that I should have but it's too late now. Live and learn.

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If the amounts were high, you would be well and truly screwed. Since it's less than $3K and you can come up with facts which would indicate at least some proper spending, you are probably not going to have to come up with anything more than you can't account for.

In addition, am I permitted to use any of the funds for other things ? What I mean is this: I have had to travel many times all over the county for months taking care of her affairs, caring for her home, etc. At least 3 or 4 tanks of gas. Literally thousands of calls from my cell phone to take care of her affairs. From the cemetery,nursing home, VA, insurance companies, utilities, etc.. These were to care for her affairs which I understand to be acceptable but I really don't know.

If my employer hadn't went out of business a couple months ago, this would be a non-issue, I would pay everything without question. But now, that I do not have an income & I am incurring bills on her behalf, how is that handled ?

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That you ask this looks bad. What was your agreement on compensation?

tranquility said:

If the amounts were high, you would be well and truly screwed. Since it's less than $3K and you can come up with facts which would indicate at least some proper spending, you are probably not going to have to come up with anything more than you can't account for.

That you ask this looks bad. What was your agreement on compensation?

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There wasn't an agreement for compensation & I never expected any. Not from my grandmother. I know how it sounds but to be quite honest, I can't afford to pay all the bills that I have incurred from caring for her. If my employer hadn't closed, this would be a non issue.

The problem is not how honest you are, but how professional. Being a fiduciary for others is an important role. The law takes it quite seriously as they don't want to have to oversee every such arraignment. It becomes very easy for a person to steal and very hard to find out about it.

To prevent that, strict accounting rules developed and the theory of fiduciary duties, which are the highest duties of care. That way, even fairly minor inconsistencies can be punished without having to go through all the problems of proving up actual theft.

By the way you handled things, EVEN IF NO THEFT OCCURRED, you breached your fiduciary duties. Those breaches are actionable for removal and for money damages. (Intentional breaches, which I don't think this is, can have a multiplier placed on the damages.) I believe the court will act in equity if you show how the principal's bills have been taken care of and there are not big debts out there and you can show a good faith attempt to account for the money taken.

I understand. I have never had to do this before and I guess I didn't know all of my obligations. If I had to do it all over again, I would have asked her to appoint someone else. This has been a nightmare.

For such a small amount, it really isn't that hard. You do everything through a checkbook or make a ledger and record each transaction. You put the receipts in a bag. Problem solved!

Seems simple enough had I thought of it. It is what it is I guess. I will have to turn in things best I can remember and go from there.

I am more than willing to accept any consequences for not doing this properly. Live & learn. Thanks for the imput!