Be careful who is given your power of attorney

[lenora]

Originally Posted by gomexico

Something about this story is missing. I'm pretty sure we don't know all of the facts. Though state laws differ throughtout the country, I do believe that Powers of Attorney can be rescinded. Courts also have the authority to intervene and appoint a guardian ad litem if an incapacitated person is not being properly represented by counsel or doesn't have counsel. But the judges hearing these two cases haven't done that which gives me the impression there's a valid reason to side with the seemingly ungrateful daughter. In any event, I think the man should take the substantial sum donated thus far and make other living arrangements. Let this be a lesson to us all ... carefully nurture relationships with those who will be taking care of us when we can no longer do so ourselves.

The lower court found in his favor, but the appellate court reversed the decision because the Statute of Limitations had run. In terms of the POA, he rescinded it when he learned the daughter had deeded the property to herself. He then gave POA to his granddaughter.

Originally Posted by TuborgP

One has to wonder if he is still competent to live alone and if she is trying to force him into Assisted Living. Not sure about trusting the grand daughter.

I didn't see a video (ABC news initially covered the story), but I have no reason to believe he is incompetent.

[quote=anifani821;30122933]I am wondering how the care of the 64 y/o, dependent, autistic son fits into all this? That was barely touched on in the article.

My thoughts, too. The 64 y/o autistic son lives with the "evil" daughter and her husband. However, the lower court found in his favor, which makes me wonder what's up with the daughter and son-in-law.

I'm basing the above facts drawn from several hyperlinks in the article. I did not read the court's opinion.

[texdav]

We often head about such cases and often the source for story is one sides and one sided. I have seen a few cases but often it really only seen once a side that did nothing comes forward at what they thought they were going to get.

[Ellwood]

Originally Posted by anifani821

Okay, that gives me cold chills.

So you are saying that the money she went through did not pay for his assisted living expenses? That is so shocking. She had to know the rest of the family would one day find out.

His monthly SS, military pension and another pension paid for the independent living expenses. He had more than enough from those sources to live on and still had $10K that he didn't need at the end of the year. When his health failed I flew out and she wanted to take him to live with her, which he adamantly opposed for many years. There was no way she would be able to care for him, although at this point I didn't know the financial situation. I finally convinced her that he had to go to the assisted living section, which she reluctantly agreed. The head of the independent living approached me about a bounced check. When I questioned her, she indicated she had to transfer money from another account. Since I had no knowledge of dad's checking accounts, I trusted her. He passed away within two weeks and all of a sudden she had a "mental breakdown." Without all the gory details, she never showed at his memorial, she refused to contact me, we found out she lied about her own personal situation i.e. renting versus owned the house, leased car versus bought. We have no idea what she did with all the $$. It is horrifying. Dad trusted her and was constantly saying he was so grateful for all she did. He couldn't see as his eye sight was just about gone. She had all the statements sent to her house. Up until the end he told me how much $$ would be left to me and my sister. I doubt if she has any remorse and I was shocked that she would do such a thing. You just never know.

[Ellwood]

Originally Posted by texdav

We often head about such cases and often the source for story is one sides and one sided. I have seen a few cases but often it really only seen once a side that did nothing comes forward at what they thought they were going to get.

My dad had everything in all three of our names. I never questioned my sister or my dad. If he wanted to give it all to her, that would be fine, but to steal it from him, with him believing to the end that he had that money is a betrayal of trust.

[nezlie]

No level of society seems to be immune from this kind of thing. Just finished reading this story involving this super rich family........... unbelievable. Check it out.

Brooke Astor's son Anthony Marshall heads to prison - NY Daily News

[TuborgP]

Elwood, sorry about your situation. Should give us all cause to think.

[markg91359]

I could write a great deal on final exploitation of the elderly. My wife is involved in a position where she has seen/will continue to see it.

My honest advice to most people is that only in rare situations should legal authority to administer your property be given to children. Perhaps, if multiple children are involved and have the ability to use a computer to oversee how other children are managing an elder's assets, I might go that route. Other options that should be considered would be possibly getting a bank or financial institution to serve in this role.

A POA is a dangerous document. Many financial institutions will not accept them. If you have any inclination of going this route, first find out what documents banks and others will accept before you go to the trouble of creating them. I would encourage anyone worried about these matters to contact an attorney experienced in dealing with "ElderLaw" issues. Often, the right legal relationship can be constructed with care.

[gomexico]

Originally Posted by markg91359

I would encourage anyone worried about these matters to contact an attorney experienced in dealing with "ElderLaw" issues. Often, the right legal relationship can be constructed with care.

Sound advice.