What is the name of your state? Oregon
Ok Here is the situation. Two brothers, one is sick in a nursing home, the other via power of attorney is taking care of sick brothers financial and other affairs. The healthy brother gets a phone call about 9 months ago from a man who is looking to get in touch with the sick brother because he owes the sick brother some money. The man tells the healthy brother that sick brother loaned him appx. $4000 to help get his house out of foreclosure. Healthy brother has looked through all of the sick brothers documents but cannot find any document detailing the terms of the loan. However, healthy brother did find 3 uncashed checks from man relating to the loan. Healthy brother then calls man back and says he wants to resolve things for sick brother. The man says he told healthy brother too much already and also says that sick brother told him not to deal with healthy brother. The reason sick brother told man that is because sick brother was very secretive about his life. Did not want healthy brother to know what he was doing because healthy brother would not approve and would lecture sick brother.
I then get involved and contact the man because it turns out I know him and I want to try and help resolve it. I meet with man and the man tells me that the sick brother did loan him some money to help with his house and he is holding some money for the sick brother. He does not disclose the amount and I do not ask the amount.
Healthy brother then sends a letter to man asking that payments be resumed or balance paid in full. If not, man will be taken to small claims court. 45 days go by with no response from man. Healthy brother files in small claims court. Mediation date is Monday 2/28/05
The question is, since we have found no documents relating to the loan except uncashed checks from the man, does healthy brother have a chance of winning? Remember man indicated verbally to healthy brother and myself that he owes sick brother some money.
Healthy brother is 75 years old and sick brother is 72 years old. Man who was loaned money is appx 20 years younger. Could this also be considered elderly abuse?
Would appreciate any comments.
Ok Here is the situation. Two brothers, one is sick in a nursing home, the other via power of attorney is taking care of sick brothers financial and other affairs. The healthy brother gets a phone call about 9 months ago from a man who is looking to get in touch with the sick brother because he owes the sick brother some money. The man tells the healthy brother that sick brother loaned him appx. $4000 to help get his house out of foreclosure. Healthy brother has looked through all of the sick brothers documents but cannot find any document detailing the terms of the loan. However, healthy brother did find 3 uncashed checks from man relating to the loan. Healthy brother then calls man back and says he wants to resolve things for sick brother. The man says he told healthy brother too much already and also says that sick brother told him not to deal with healthy brother. The reason sick brother told man that is because sick brother was very secretive about his life. Did not want healthy brother to know what he was doing because healthy brother would not approve and would lecture sick brother.
I then get involved and contact the man because it turns out I know him and I want to try and help resolve it. I meet with man and the man tells me that the sick brother did loan him some money to help with his house and he is holding some money for the sick brother. He does not disclose the amount and I do not ask the amount.
Healthy brother then sends a letter to man asking that payments be resumed or balance paid in full. If not, man will be taken to small claims court. 45 days go by with no response from man. Healthy brother files in small claims court. Mediation date is Monday 2/28/05
The question is, since we have found no documents relating to the loan except uncashed checks from the man, does healthy brother have a chance of winning? Remember man indicated verbally to healthy brother and myself that he owes sick brother some money.
Healthy brother is 75 years old and sick brother is 72 years old. Man who was loaned money is appx 20 years younger. Could this also be considered elderly abuse?
Would appreciate any comments.