What is the name of your state? Nebraska (I live in New York)
My mother gave me Durable Power of Attorney in 1989 but in August 2004 (at age 92) DPOA was given to a cousin without my knowledge. One month later Sept 2004 my mom passed away. The cousin in the one month of having DPOA began to drain my mom's bank accounts, purchase property for herself and made numerous credit card purchases AND has continued to use mom's credit cards even after her death - running up balances of $12,000+ in charges.
I am the sole heir (an only child) and the Personal Representative of the Estate and discovered the abuse while calling to cancel credit cards. My attorney says it will be hard to prove "durable power of attorney abuse" for the financial drain during the time that my mom was alive, is that true? It seems to me that teller bank withdrawals $3000+ at various intervals and cash ATM withdrawals within a 30 day time frame would have to be justified to a court and require proof that the money was used for my mom's care, true? Also, how can an attorney give a 2nd person Power of Attorney without notifying the me, the person appointed at the time of my mom thinking clearly? Also, I am/was a devoted daughter who visited Omaha in April last year (and at least once a year, every year) and who spoke with my mom every single Sunday (and spoke to my cousin too thinking she was honest) and was told consistantly that "everything is okay, don't worry", "your mom's fine" ...
I feel that my cousin has and continues to commit the crime of theft & fraud and I want to pursue it. The bank and credit card statements show purchases thousands of dollars spent on things like manicures, daily restaurant visits, clothing stores, a set of tires & car repairs (one charge $2000 for a car item for a Ford when my mom owns a '78 Buick), windows ($300), etc., should make a good case - true?
What does it take to make a good case and are there attorneys available who specialize in this kind of abuse?
My mother gave me Durable Power of Attorney in 1989 but in August 2004 (at age 92) DPOA was given to a cousin without my knowledge. One month later Sept 2004 my mom passed away. The cousin in the one month of having DPOA began to drain my mom's bank accounts, purchase property for herself and made numerous credit card purchases AND has continued to use mom's credit cards even after her death - running up balances of $12,000+ in charges.
I am the sole heir (an only child) and the Personal Representative of the Estate and discovered the abuse while calling to cancel credit cards. My attorney says it will be hard to prove "durable power of attorney abuse" for the financial drain during the time that my mom was alive, is that true? It seems to me that teller bank withdrawals $3000+ at various intervals and cash ATM withdrawals within a 30 day time frame would have to be justified to a court and require proof that the money was used for my mom's care, true? Also, how can an attorney give a 2nd person Power of Attorney without notifying the me, the person appointed at the time of my mom thinking clearly? Also, I am/was a devoted daughter who visited Omaha in April last year (and at least once a year, every year) and who spoke with my mom every single Sunday (and spoke to my cousin too thinking she was honest) and was told consistantly that "everything is okay, don't worry", "your mom's fine" ...
I feel that my cousin has and continues to commit the crime of theft & fraud and I want to pursue it. The bank and credit card statements show purchases thousands of dollars spent on things like manicures, daily restaurant visits, clothing stores, a set of tires & car repairs (one charge $2000 for a car item for a Ford when my mom owns a '78 Buick), windows ($300), etc., should make a good case - true?
What does it take to make a good case and are there attorneys available who specialize in this kind of abuse?
