father abused power of attorney

[2mjordan]

What is the name of your state? New York HELP! What Can I do About This!!
My mother recently passed away, she was 82 and had Alzheimer's. Before she died she had a checking account that she added my name to.She also had a safe deposit box that she added my name to. My father (her husband) did not have his name on the account or the safe deposit box. I had a power of attorney my mother had drawn up naming me as agent that was in our safe deposit box. My mother was diagnosed with alzheimer's over 5 years ago.
In April of 2003 my father somehow came up with a durable power of attorney that named himself as the agent, this one had a clause that 2 doctors had to sign off on a determination of incapacity. I guess that one didn't work for him so he came up with another one in Jan of 2004 that was a general power of attorney that he had witnessed at his local bank-while my mother was on all kinds of medication.
About a month ago she started going down hill healthwise and my father started writing checks on our account (2 for $5000.00 and one for $2000.00) and emptied out the safe deposit box (that had my power of attorney in it). What can I do about this??

 

[BlondiePB]

What is the name of your state? New York HELP! What Can I do About This!!
My mother recently passed away, she was 82 and had Alzheimer's. Before she died she had a checking account that she added my name to.She also had a safe deposit box that she added my name to. My father (her husband) did not have his name on the account or the safe deposit box. I had a power of attorney my mother had drawn up naming me as agent that was in our safe deposit box. My mother was diagnosed with alzheimer's over 5 years ago.
In April of 2003 my father somehow came up with a durable power of attorney that named himself as the agent, this one had a clause that 2 doctors had to sign off on a determination of incapacity. I guess that one didn't work for him so he came up with another one in Jan of 2004 that was a general power of attorney that he had witnessed at his local bank-while my mother was on all kinds of medication.
About a month ago she started going down hill healthwise and my father started writing checks on our account (2 for $5000.00 and one for $2000.00) and emptied out the safe deposit box (that had my power of attorney in it). What can I do about this??

I may regret this, but why shouldn't your father have the property of HIS wife?

 

[seniorjudge]

I may regret this, but why shouldn't your father have the property of HIS wife?

I was kinda wonderin' the same thing....

 

[2mjordan]

The checking account did not have his name on it. I also have found out that he came up with a health care proxy ( that named himself as agent) that he was using to make medical decisions for her that was never properly witnessed. The power of attorney he used to clean out the checking account stated that the agent could not make gifts to himself.( All checks were made out to himself-not being used for her care) He and my mother had a strained relationship and that is why she put her sons name on her accounts and NOT her husband. What gave him the right to clean out a joint safe deposit box that some of my things in it?He never had her best interest at heart , he took over $12,000 out of the checking account and complained about spending $25.00 on medicine for her!
He also used this illegal health care proxy to put her under Hospice care at home so he would not have to put her in a nursing home( which is what her doctor suggested).

 

[seniorjudge]

...What gave him the right to clean out a joint safe deposit box that some of my things in it?...

If he was a joint tenant on the safe deposit box, then he could get into it at any time.

Have you seen of these written documents you are talking about?

 

[2mjordan]

He was not on the safe deposit box either. I have both power of attorney papers he was using.

 

[seniorjudge]

He was not on the safe deposit box either. I have both power of attorney papers he was using.

Were those powers of attorney signed by your mother?

Was a power of attorney used to access the safe deposit box?

If you are on box, then go to the bank and ask them why they let him in the box.

 

[2mjordan]

both powers of attorney were signed by my mother. These were signed in 4/2003 and 1/2004. She had been diagnosed with dementia/alzheimers 5-6 years ago. She signed these new powers of attorney while in a mentaly incapacitated state. My father used the power of attorney to get into the checking account and safe deposit box. He and I have the same name, I'm junior. I asked at the bank and when they asked him for ID the name matched up. I also noticed that the bank had left junior of the name on the statements for the checking account. When I first noticed this they asked for my SSN # but it was too late buy then. Is the bank liable for this?

 

[seniorjudge]

...both powers of attorney were signed by my mother. These were signed in 4/2003 and 1/2004. She had been diagnosed with dementia/alzheimers 5-6 years ago....

If you can prove this, then you need to get to a lawyer today. It will be a long, drawn out affair so you may as well get started.

 

[2mjordan]

What type of lawyer do I need-criminal, civil etc..?

 

[seniorjudge]

You need one whose area of expertise includes elder law (powers of attorney, deeds, wills, trusts, etc. for old folks). This is kind of a broad classification, so ask around and get recommendations and ALSO call your state bar. Some state bars have attorney reference services.

 

[2mjordan]

Thank you for all your help!
Have a merry christmas and a happy new year.

 

[seniorjudge]

You are welcome and good luck.

 

[2mjordan]

Well I called a few elder law attorneys, they all said they do planning-not this type of case. So I called some trial lawyers, they said I could sue for the $12000.00 but they would not handle a case with that small amount of money. They told me to try to find a new layer that would need the experience. So if I do this myself in small claims court could I file 3 seperate cases for 3 seperate checks or would they all go under one claim?? I guess there isn't enough gold at the end of the rainbow for any lawyers around here to deal with it.

 

[seniorjudge]

This seems to me to be one transaction so it would all need to be in one case. I do not know the dollar amounts for the small claims court in your state; check with that court to find out.

Your major problem, however, is proving standing: how will you convince the court (i.e., what documents will you use) to prove that you are the correct one to be the plaintiff?