Power of Attorney Abuse and Misuse
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- Опубликовано: 22 сен 2021
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Power of Attorney Abuse - When someone who has been given a power of attorney (agent) takes an action that is not in the best interest of the person who gave power of attorney (principal).
An agent, under a power of attorney, has a legal duty to act in the best interests of the principal. The agent should be trustworthy and perhaps act consistently with the decisions that the principal had made for themselves before becoming incapacitated.
Failing to keep records and account for all of the money and property they are handling.
Self dealing
Misappropriation (credit card fraud). Treat principal’s bank account like it is your own.
Coercion into making a POA
Theft
It is tough to file an action for abuse of POA power because the person that is harmed from the abuse of power is often incapacitated. Usually the remedy is for some other person to initiate a guardianship or conservatorship proceeding to become the legal guardian of the principal and override actions of the agent - that is expensive and adversarial.
At best, creates serious sibling conflict. At worst, it could be a criminal action. Have you seen examples of power of attorney abuse?
My sister took power of attorney over both my parents finances. She takes all of my mother Social Security and put it in my father‘s account and moves it into their account, her boyfriend notarized all of the documents. When you mention coercion I believe this is what happened. My dad is now deceased, and she moved money post deathand then tried to plan his funeral services without his wife and other children and family members. It’s been devastating and hard to comprehend this level of cruelty and deception.
Same!!!! But I’m an agent and caught all the debauchery. THEY WILL REAP WHAT THEY SEWED WITH A BULLETPROOF CASE…. They will think long and hard with their jail sentence. BYE!!!!😂
Same thing happened to my family. My mother was not allowed to see her husband. He was loved by our family. The cruelty that goes behind entitled heirs.
Coercion is done more by force. Undue influence is influencing the elder to do it. Or doing it when the elder becomes somewhat weaker and has less faculties. You can try to get an attorney. There’s something called tortious interference, meaning someone interfered with your inheritance. ( you would have received it if not for them interfering) Get a good lawyer that works in overturning estates.
Your video nailed it for me, great explanations here by an attorney who seems to know his shit!
My Grandfather's former POA (who was not a family member but supposedly a family "friend"), depleted his entire financial estate in 3 - 3 1/2 years, which then robbed me of my inheritance I was to receive after his death, opened up credit cards in his name, racked them up and didn't pay the bills and had him sued/decimated his credit, attempted to steal life insurance payouts to beneficiaries, etc., ( I could go on and on here) but wait for it...that wasn't enough for her! She took it a step further and stole all my family's personal property from me that was saved/salvaged from a house fire that my Grandfather & Aunt (who passed away in the fire), owned at the time!
I didn't discover the level of damage she had done until immediately starting after his death (he had dementia and died of "senile/degeneration of the brain"). I got totally screwed because I couldn't afford 10-15K that attorneys required to take the case and prosecute her civilly. As you probably know, once this kind of thing is discovered, it's usually AFTER the principle passes away, in my state (Virginia), it then becomes a civil issue and no longer a criminal one.
People, PLEASE pay attention as to who gets POA over your loved ones, it's a very serious thing if the wrong person gets it - IT DESTROYS LIVES! If you see something suspicious, you need to SAY SOMETHING NOW to law enforcement, adult protective services, etc. Don't be a fool and wait, you will regret it if you do.
Thoughts & Prayers to all of you who are also victims of such disgusting crimes.
I’m sending this to my cousin , she told me yesterday her sister did that to her dad and was able to change the Will too ? I was like for real , I would never do this to my parents or brothers and sister , some greedy ass people out there
Have her get a lawyer and sue. It’s called tortious interference with the expectancy of inheritance!!
You're speaking of only fiscal issues. My brother is using his power of attorney to sell the land outside of the family. This is property that has been in our family for over 100 years. My mother would be horrified! Some of it was supposed to go to me, but I offered to buy it instead of waiting to inherit it at fair market value and he refused. A cousin wants to buy my mom's share but my brother seems to prefer to sell it to a neighbor.
My brothers won't let me see Mom or talk to her because they know I will tell her what they are doing and they don't want to "traumatize" her.
She is in the very early stages of dementia. She needs help with decisions but she is mentally capable of forming opinions
Get an elder abuse lawyer
It's called elder abuse. You would think the bank would have called the police when the little old lady is brought in by the same family member for regular large cash withdrawals.
I volunteer with a program here in Canada doing tax returns year round. A few years ago a woman with power of attorney for her Dad had me do his return. She told me her brother previously had power of attorney but had emptied Dad's bank account. With the money gone and only the work left, he bowed out. I noticed that something had been missed on previous filings so I prepared a number of adjustments for her to sign as attorney. I encountered her at a subsequent tax clinic. She told me that the adjustments had replaced the $21,000 her brother had made off with.
We need more people like you to help with these tax issues.
The sudden passing of my dad , was when my mom first showed minor early signs of Dementia. It was a stressful time, but she was fine to live in their house alone. My sister and I talked to her regularly by phone as we live long distance. Our brother and his wife, who live the closet to her, seemed to take responsibility for our mom, to the point of shutting us out, never informing us of anything or replying to our inquiries. Our brother had told our mom that he they would eventually move her into a granny flat, in the back of their house he and his wife own in SanDiego. My mom was very happy to hear this, but mentioned that she was still fine for now. Supposedly concerned for my mom's safety, my brothers wife, Laura, in cahoots with my brother, tricked my mom, asking to borrow her car to run to store, but drove it to their house never returning, telling her, it was for her own safety, but Laura was driving it. The DMV had just validated my mom's DL for the next 5yrs., mom's car is registered and insured in her name, so my mom filed a police report explaining what happened, it was reported, Laura had stolen her car. Both my sister and I only find out things by talking to our mom, and each other. When we weren't able to get a hold of our mom after 2 wks., my sister, finally got a text from our brother, just stating where she is, no further explanation. Our mom trusted her son, so agreed to give him P.OA. Next thing I hear, they sold her house, have her car, took her to a doctor who NEVER examined her, yet signed a document basically stating that it is in my mom's best interest and safety, that she be institutionalized, so then they put her in StellerCare, close to their 5 bdrm house, she was supposed to move to before her house sold for $400,000. My mom is in shock and hurt by her sons betrayal, just left there and held against her will with no resources to contact an attorney When I finally got to talk with her, it was a limited time call from the front desk phone, she pleaded with me to help her find an attorney to get her out of there. My mom may show early signs of Dementia, like repeating herself or forgetting some words, but she is still very competent. She should not be in there. I need help to get her out of there.
The help you need won't be free and won't come from anyone commenting on youtube. You're going to have to pay for a lawyer. Your mom basically screwed herself by trusting your brother. It happens. Hope she had a great life up until your dad died because she's going to live in Hell now; her own death will most likely be the only way out of that institution.
Sorry to hear about your situation. I guess it’s true what they say about money…it is the root of evil.
@Julie I'm so sorry 😞 for your mom, and you. You are both in my prayers 🙏✝️❤️
Find a pro bono attorney, a friend who knows one who can cut you a little bit of a financial deal, or social services! Either way, it shouldn't be hard to prove theft in your mom's case and have all of her money put back where it belongs, with HER! This is so sad, praying for you and your mom for God to make a way. ❤
Just went through a law suit for just this. We were forced to settle and the man that took advantage of my aunt walks free with a fat check in his hand. This is a problem a huge problem. Hope someday this will end and there will be a bigger focus on this huge problem! It’s horrible and can go on for years , so traumatic for all member of a family. Life changing for sure. And it’s so wrong that these predators take advantage and get away with it even after diagnosis!!!! He even drove her to HIS attorney to give him poa. Next came taking her to sign a TODD on our family farm. So much money so much torment for years. Unbelievable really.
❌✅ A friend of mine, just lost his mom _ she left a Life Insurance Policy, he just signed over POA to his Uncle’s daughter who he says is helping him with everything, she’s said he should file for disability , in his heart broken state, for assistance ___ does this sound right ❓❓❓❓ PLEASE chime Back ‼️ he had taken care of his mom nearly his whole life , and he doesn’t know what to do ❌ Help Please….
I don’t understand why “legal basics” isn’t a mandatory class to take in college…or even to those in high school…elements of a contract, a POA, etc…
Great information here in under 7 minutes! Perhaps there is a class offered now. It’s been quite awhile since I attended…our high school mascot was a T-Rex!🦖
Here's a subtle one: using POA to change TOD beneficiaries on brokerage accounts to only benefit the agent, excluding an equitable distribution amongst legal heirs.
More self dealing!
Tell me more. How do I take this situation to Court?
My brother is doing just exactly this and making everything joint. Also had my mom with dementia change her Will. I filed guardianship but he has taken my mom out 40 mins away to live with him and his girlfriend. They are refusing to have her tested for dementia. It’s now court ordered and they are still trying to refuse! My brother has completely stolen my half of the inheritance and is using my moms stroke a dementia to exploit her.
What about a video on how attorney's and courthouses stretch out the process and extort money from heirs.
Lawyers are thieves to
What do you mean?
Victims rights advocates are good people who also trained to protect their employers i.e. law enforcement, district attorneys, government officials.
Elder financial fraud is the number one white collar crime & no one cares or it wouldn't be the number one white collar crime = ELDER FINANCIAL FRAUD
How do you protect the heirs inheritance. Rather keep it in the family. I would want my kids too
My brother manipulated my parents did all the above. So sad😢
I haven’t seen examples. I do have Power of Attorney for my aunt who has dementia. I have been managing her affairs for eight years. Most of her household expenses are debit from her checking account so there’s a paper trail there. All other expenses I use a credit card. That works the best for me and I have a record in case I’m ever questioned by her grandchildren about how I’ve spent her money.
My mil gave her daughter poa before she died, and the daughter put everything in her own name. So when my mil died, my husband and his two brothers were effectively disinherited. They didn't do anything about it because "family" and hoped she'd do the right thing. Ha! No records, either. She refuses to show the bank records, either.
@@edennis8578 Your MIL had no will?
Hi Paul we don't know what to do my mother signed power of attorney and a living trust to my sister as my sister did it behind her backs and my mom was still afraid to tell us and she's not taking care of my mom at all the first week she got power of attorney I don't have her bully there into signing a living trust due because of her age and she feels she might be having a dementia when she just because she forgot something I mean we all forget how can my mom get that back now that she's let the family know how can she get back power of attorney and make another living trust cuz we have no paperwork no copies and don't even know what if it's revocable we have no idea what do we do please help please please please GOD BLESS YOU THANK YOU SO MUCH YOU SEEM HONEST TRUTHFUL CARING IS A GREAT GUY LOVE YOUR VIDEOS
My sister in law is my mother in-law’s primary caregiver. That is a huge responsibility and is mentally and physically challenging. So my husband and I told my mother in law to will her home to my sister in law. We are all happy with that decision. Good to figure things out before a loved one dies.
My family and I have experience with PoAs going back 30 years. About 20 years ago, I had a ‘good friend’ whose mother was elderly and in declining health. Her mom lived on the lower edge of Central Park, in NY, and was well-to-do. My friend rarely visited her. She happened to be a divorced dentist with her own practice, also collecting alimony from her physician ex, but living well beyond her means. So were her 2 teenage daughters, whom enjoyed cashmere socks. She did exactly what you described in your first example! First, she got PoA from her mom. Then she went out and bought her daughters each brand new cars with her mom’s money. She didn’t ask for her permission or tell her. I told her it was wrong, but she doubled down in defense. Our friendship didn’t last.
I was a POA. I did none of what your talking about
My sister-in-law did. She put everything in her own name, so now she's a millionaire and my husband, who visited his mother every weekend and did chores for her for years when she became disabled, got nothing.
Good day! I wanted to let you know that I took a whole ton of your advise from several videos over the past year and finally went to an attorney to have wills done for my wife and myself. I was loaded for bear and had a list of questions based on your videos for what and what not to do with a will. Good news is we learned a lot while talking things over with our new attorney, mostly because we showed up with a great background and base to work from. Thank you so much for taking the time and making the effort to share your knowledge and experience to help us.
Awesome. Love reading your comment Kevin. Congrats
Wills can be rewritten. Get an irrevocable trust. Mom had a will and I deposited at the probate court for safe keeping thinking it is safe. But brother took dementia ridden mom and had a new will written. The will at the probate court wasn't worth the paper it was written on. The court sealed the will making it impossible to obtain.
@@americasestateplanninglawy1946 My brother was my mother's power of attorney. he had been my mother's power of attorney for two years I had to intercede on my mother's behalf because my brother was taking her money and none of her bills were being paid I contacted my mother sister although my mother has dementia she quite well understands everything so I took my mother to the bank I had the bank to disclose to my mother what was going on I had my mother revoke my brother as a power of attorney and I therefore became her power of attorney at that point I requested that the bank do an audit from the time he became her power of attorney I found that my brother was paying his bills through my mother's account... He also was using my mother's account as a business account and whatever finance company he was dealing with was taking payment through my mother's account because I had all my mother's information, I was able to stay on top of things and was able to check on things. my brother blocked me from seeing activity, on line for her account.
i knew he was up to no good. when I realized that he was financially abusing her I went to my mother I explain to my mother that we had to pull him off because he was abusing her financially I took my mother and my father who are both elderly people to the bank I had them ask the bank to disclose activity on the account for the last 2 years my mother cried when she realized what my brother was doing as well as my father I requested that he be revoked as power of attorney my parents agreed that I would become their power of attorney upon signing documents and the bank verifying that I was now their power of attorney I requested that the bank disclose all activity on my parents account for the last 2 years to see exactly what he was doing the audit showed that he was doing so much financial abuse in the account..
my brother even attempted to quit claim my parents name off the house my parents gave me full control so what I had hire an attorney to protect my parents ..my brother was trying to refinance the house and or sell iT I stopped my brother from doing it was that my dad had took out a small loan to pay off their bills and that's what stopped them and because my dad had everything emailed to him he received an email from the bank that this was a current. after my brother was revoked as power of attorney from the bank within a matter of 10 days, he went to social security with medical documents stating that my parents were unable to pay their bills and they needed a payee; he was the same person that was stealing from them.
Then I realize that he was attempted to do this I had to take both my parents down the social security office, I informed the social security office. Since I am both my parents power of attorney they did not need , I was responsible for all their finances as the power of attorney so what did they need him listed as a payee he was attempting to find another way to steal their money no one can tell me how low-down family member could be- my brother straight up the front (and a Policeman) , was hell bent of doing my parents over. Im a trauma nurse and I watch court tv a lot, and have seen these stories, so I knew how and what to watch for. As for my parents he was trying to continue to do it I am so glad that was I was watching for the signs of abuse. Oh and by the way I sued him for all the money he messed up and got a judgement against him for $65,000 plus damages I garnished the hell out of him.
@@sierria64 awesome job.....going through the same $hit.....true colors show up....when a kid gets thrown in a candy store and no one is watching.......unreal
@georgevalente4223 why was the will no good your brother wrote !? I feel I had same kinda situation!!
My sister in law nearly neglected my father in law to death. She convinced him to withdraw $18000 over the course of a year to "hold it for him.". He was in such horrible condition that his next door neighbor called my husband. Trying to see him was impossible. She refused to give any family visitation or info. Eventually someone threatened to call 911 and he was brought to the hospital. He had sepsis, meningitis, a cracked skull, and a TBI. She didn't show up to the hospital, but luckily my husband and aunt were allowed to sign for procedures. My father in law ended up going to a rehab and then nursing home. It's been a few months and his double vision, cognition and crooked neck are resolving. However, she's still POA, cleaned out the house, sold the vehicle, etc. If his neighbor hadn't intervened, called for supports and been so proactive with figuring out how to get ahold of family, I don't believe my father in law would still be alive right now.
We live in CA - my nephew was assigned POA to his dad, diagnosed with Alzheimer's. Nephews' and his wife are keeping Dad isolated, not letting him have friends, communication, putting cameras and signs all around to try to control. Nephew will not disclose will with sister, threatening her from seeing her dad too. Dad is fearful and confused and should have assisted living care. Nephew and wife is chomping at the bit to take all. We all suspect he is spending Dad's money, refuses care even from DR's, because he thinks DR's. just want your money. We think nephew and wife are guilty of elder abuse.
There should be a law that requires attorneys to specifically ask the client if she or he has a will and not have the person who brought the client in to develop the new POA present. The attorney should get a copy of the will and read it to the client before proceeding to set up a power of attorney to someone not named in the will. The attorney should be required to contact the person named in the will to inform them what is about to happen if they do not object. Family members should be allowed to sue the attorney if he has failed to notify the person who was named in a will before producing a new power of attorney for the client. To often a family member living with the client can take advantage of a parent who has lost the capacity to ask questions or process information to make themselves the POA.
Absolutely!
@@utubequeen2011 AGREE wholeheartedly! My siblings took my mom to a lawyer in a shady way when she was already struggling with dementia. Now they were scared I was going to take mom to make a new one, so they abducted her away from me after a Sunday church service. The law is not good enough.
@@utubequeen2011 oh that is sad.
What timing. Thank you!
Any time!
I very much appreciate the concise presentation you make and have not answered comments on the fly from listeners. I am a big fan of your videos.
My wife, a senior, whom I’m separated from had dementia, her friend who looked after her, convinced her to give her POA. Then they put her in a nursing home. Meanwhile they removed everything of value from the house, sold her cars, and emptied her bank account. A value of about $100,000 in all. The “agent’s” reasons to me, was that they needed to be paid for their personal time of looking after my wife. Although none of my wife’s blood relatives were ever even contacted about my wife’s condition. What sort of legal action does this agent face?
💯 you just told my uncle's story of his son as his POA - every single action!
Going thru this almost exactly to a tee. Trying to decide best course of action
About when someone is using their power of attorney to keep other people from the person and they’re still in their right mind and they’re making decisions for that person that they don’t want but the person doesn’t want to say anything because then they won’t have no one to take care of them
Great content. I enjoy your videos. When my grandmother died my dad's brothers took advantage of this kind of situation and made off with whatever money there was. It is fascinating what greed does.
Hope you pressed charges
I don't trust putting my life in any ones hands and unless by miracle I meet a genuine man that I end up marrying who has my best interest at hand .
@msmarta2440 in what state do you live?
Hi Mr Rabalais.
Your information had always ecxelente advices.
I am going through a huge problem with my youngest brother,
my mother left everything ready and correctly organized before she passed away.
A living trust, power of attorney.
But usually in every family is always somebody crooked.
I am one the Trustees. My oldest brother and my youngest brother.
It has been a huge problem for a year and a half. I am very glad I have a great attorney that specializes in Probate.
I went through all of the problems that you explained in this video.
Thank you again.
Have a wonderful day
Be glad you have the funds to afford an attorney. Most victims don't have the money and are screwed. Good luck to you.
Thanks
I needed to know what you just shared. I believe I'm having this problem. Enjoyed your post
What if Mom’s POA withheld medical and dental necessities due to negligence or idiocy? One example is the executor (her oldest son) accidentally throwing mom’s dentures away when she vomited them into a trash bin, and then waiting three weeks to call a dentist to get them replaced for her. Had the other siblings not insisted he call a dentist, he wouldn’t have done so. The only reason he eventually did call a dentist was a siblings spouse calling a dentist out of frustration that the POA wasn’t doing it. He also sat on his hands for various medical needs like PT, OT, and UTI tests. At one point he almost let Mom die from a UTI and didn’t even recognize it was happening. He made her decline exponentially worse than it should have been. Now he is the executor and sitting on his hands again. I found a note that he had written that says “live in house for free”. I think that’s his goal. He had been living with her for 15 or 16 years at the time she passed, and he doesn’t want to be bothered with relocation. He wants to “live in house for free”. Help.
My sister got poa over my mothers finances after the death of our father. She took everything. The house, the money and everything else. I never knew she had obtained poa until after our mother died. She told me before our mothers funeral that mom gave her everything before she died. Well then i find out mom had a will. My sistet didn't want to give me a copy of the will. Said she "fulfilled moms last wishes" Said our mother couldnt stand the sight of me. Well i got a copy of the will that my sister would not have probated because there "was no estate". My sister lied about what our mother wanted because i was included in her will.... It was then i realized my sister is a narcissist. She is living in our parents house and has everything our father worked all his life for.
My mil gave her daughter poa before she died, and the daughter put everything in her own name. So when my mil died, my husband and his two brothers were effectively disinherited. They didn't do anything about it because "family" and hoped she'd do the right thing. Ha!
Here is another subject that is easily abused!
Becoming a Social Security Representative Payee.
TRUE! Thanks for bringing that up
👍👏👏Thank you so much for a clear, concise, and detailed explanation. The malicious family members, are supported by the legal system, by intentionally making the process complicated, difficult, and EXPENSIVE; if not financially inaccessible! This is how the judicial system supports, and tells these abusers, it's okay to do so, and get away with it!
It's a waste of effort, resources, and especially TIME that we will never, ever get back pursuing this matter.
I understand your pain, you are not alone!
no one does doodle let alone investigate concerns medicade encourages devesting seniors of their assets.
@@vickimerritt2832 how does medicade encourages devesting seniors of their assets?
Thank you! Getting a forensic accounting....
Sure, we've all seen it happen, that's why we have an Elder Fraud Section in each state. But the alternative to having a POA is usually a messy and expensive guardianship case -- which also have cases of abuse.
I was also thinking,"What happens when other Adult Child overrides the dishonest Power Of Attorney with a Legal Guardian and then the Legal Guardian screws over the Principal too?
Nobody cares if this stuff is discovered after the principle dies, it becomes civil and nobody will help.
I am going through that now petitioning the court for conservator guardian my sister has put my mother in a home and now it's cut my step dad's credit cards off change the locks and trying to kick him out of the house
Great information.
Very informative.
These banks have also done this is what im seeing .. i had an inheritance, yet non showed me one book !!! On one thing..
mother had a medicaid trust and daughter was giving large gifts to daughter for every life event
Here’s one for you - Daughter is #1 agent for mom with early onset dementia and son is #2. During Mom’s next health crisis brother starts getting abusive with sister so sister renounces HCPOA causing brother to now be agent #1. Fast forward five years - Brother and wife admit mom to assisted living and promptly abscond to a different state taking all of mom’s resources with them (no FPOA just jointly held checking account). Leaving sister to now care for Mom (a) with no authority and (b) with no funds. Sister actively visits and cares for Mom then Mom incurs serious injury on assisted living property for which Agent #1 is contacted for approval to transport to ER by EMT’s. Agent#1 refuses transport and all hell breaks loose (Mom had sustained vertebral fracture in fall). Daughter (who remember has no authority files reports of negligence to state agencies. Assisted Living retaliates by banishing daughter from Mom’s care. However, Mom still calls local daughter in emergencies - daughter always responds. (remember Agent #1 and wife have abandoned Mom at AL and moved to a different state). Next time daughter is in ER with Mom she notes there is newly signed HCPOA drafted by AL, (witnessed and notarized by AL employees) naming son agent #1 and wife agent #2. (Son and wife and AL really want daughter out of the way). Said “new” HCPOA having been signed 7 years after original dementia diagnosis detailed in mom’s medical records. Somebody’s going to jail.
Very very good information
I'm going through this now with my brother he is doing everything you just talked about it bad
You can contact DHS and file a MAARC report against POA in any state. It’s a report letting your county and state DHS know that there is financial abuse going on with the incapacitated persons money by the POA. They will immediately look in to it and take POA away from that abuser and it will go to the successor or a trusted family member.
Act quickly! If the principle does, they are shit out of luck!
thank you
Thank you 🙏 wonderful as always Mr Rabalais
Thankyou, life gets very hard, the older we get the more difficult it is to find anyone to trust.
So nice of you
Thanks Paul (ha),ding dong I feel better about what I'm going to do for my sister, I'm still not certain about this Physician certification business but you gave me great info to ask the right questions 😀
What about when they withhold or refuse to give funds for vital health needs, such as bathroom repairs?
Or when they make you buy things with your own money from social security, and " reimbursing " you upon receiving a receipt?
An example - my mother as my grandmothers , power of attorney, created an account for herself under the family Merrill Lynch Trust portfolio. She then transferred investments to herself, sold off many as well. She began all of this 5-6 years before my grandmother passed, when we moved her to Chicago to live in a “Home”. My mother even made changes to grandmas will in august 2009 with the help of a crooked attorney. Then, after grandma died, there was no death certificate filed in cook county
She was meant to be co-trustee of the family trust. She eliminated that issue with her changes to the trust documents. She then moved to Switzerland where she illegally acted as the trustee of a US trust (massive tax implications).
The family trust was meant to be a GST trust. The children were payed out during the life of the parents. Upon the death of the parents, the trust would be divided equally between the children who would act as trustee for that portion on behalf of the grandchildren. That is, until they come of age. Instead, my grandmothers 4 children drained the trust and took everything for themselves. Even the death of my grandmother was suspicious 12/26/2016, the day after Christmas when my mother and aunt were together
My friend believes that his sister had a POA over their father, abused the POA. he found out after his death that she transferred land to her name. She’s now the executrix for his probate and has fought him tooth and nail on his request for transparency of the probate case accounting, she and her attorney have filed fraudulent material misrepresentation of facts in court, they even took a supreme court’s ruling and altered and manipulated it to try and extort money from another probate case! What can be done about this criminal activity by the executrix and her probate attorney?
The self dealing can be tricky because they can disguise the buyer of property, house, or car, so it is not as obvious as a son or daughter. Perhaps a friend from work...
It is sad when a person can’t stop this. My brother just took my mom to override the POA that was me. Now he has taken loans on her home. He has moved her social security to him. He had TOD put on her house deed. I have reached out to attorneys but an attorney will never challenge another attorney which they would need to do to stop the new POA. Calls to senior services … I am trying. But it truly seems a lost care to try to protect your parents.
@Fish I'm so sorry. And you are right. Even attorneys for the elderly say "I'm not a litigation lawyer." And this is how they wipe their hands.
I was recommended, look for local community and County senior services to report financial abuse is the first in videos here on RUclips. Educate yourself here looking up videos. Look for any and all resources. Do not give up. I'm praying for you and your mother 🙏
No thief that abused before will be tied to my bank accounts. No one is going to abuse my kids either
All "thieves" have to START somewhere 💡 No one is safe really. Family members beyond POA, need to take concerns seriously when brought to their attention and not dust it off. Many will take it seriously, unless they too have an "interest" in the "abuse". 💡
about a year and 1/2 ago my whole family came down with Covid! now my brother and I were very close to my aunt who died and my mom died three months before that! we did all the time discussed all the assets going to my brother and I! I took it upon myself to get a durable power of attorney! and we got the assets most of them out of my mom's and my aunt's name assigned over to my brother and I! Long story short that is good thing to happen to me otherwise undeserving relatives brother and sister!my aunt stole money from my grandmaand my brother from Hawaii sued my aunt. I feel the loss to this day! .just because they couldn't see the outcome of their lives does not mean that they should not be honored!
I have given Power of Attorney (POA) to my sister to manage my affairs. As I have special needs and my appeal for Social Security Disability Insurance (SSDI) income is pending, my sister wants to become my Guardian Ad Litem. However, recently my parents accused me of spending their money carelessly, which led to my POA getting involved. She accused me of being a thief and squandering her inheritance. I sought help from a relationship coach who labeled my parents' behavior as financial abuse. Therefore, I have no option but to remove my sister as my POA and find someone else to manage my affairs.
Elderly vulnerable adults are sweet-talked by a relative to place their name on bank accounts to help pay bills. Next the elder is in an attorney's office signing a new will with the loving relative as sole beneficiary. Soon after the elder and helper return to another attorney's office signing deeds of elder's home and other assets to the greedy family member. Years later when the elder passes, heirs in the original will discover, they too were exploited.
My sisters-in-law drained the bank accounts, bought life insurance with only them as the beneficiaries, transferred the car to their name, everything possible to make sure nothing was left when mom died to share . All my husband got was a bill for a third of the funeral.
Yep, that happened to me, too, except it was my one sister-in-law. So now she's a millionaire, and my husband and his two brothers got nothing.
@Cathy Berry it's absolutely cruel what greedy relatives do, sadly, it's usually power hungry siblings.
@Cathy Berry I am so sorry you are in this tortuous situation--bad enough to lose a relative, then pile on horrible family drama stress. It really is disheartening to find out the true nature of some of your kinfolk.
I had just quit smoking when mama passed away and it was spool hard to try to be the peacemaker to set some sample to the next generation. Oh, and i also got thrown in the exs side estate affairs and that's another story of after all is done, a good luck in the rear is what I got...Oh and maybe a stab or two in the back.
How can people sleep at night?
Wow so so helpful sound like help me thanks
What is if stranger befriends elderly step mom and gets a reverse mortgage on her property. Can person go to jail? She didn’t know what she signed if she’s 95 .
Obtain all the medical records and death certificate where it states significant dementia. The death cert will say/did say that dementia was a contributing cause of death.
Currently in the same situation Uncle was poa over my grandfather. Put over 200,000 in an Edward Jones account under his own name. Also went through their home and sold everything with no administrator appointed. So we don't really know what to do at this point
Yes can't even get a will from step dad in the will.had to get probate to send me a will .probates up in Nov and me and sister in law don't talk.
My Great grandmother was swindled by her niece who became the power of attorney and sold every single property she owned and then had the nerve to sale the last house that my great grandmother's son is currently living in. The person that bought it is evicting him and he is already old and disabled. I'm doing research to see how we can possibly overturn this.
My sister n law scammed my husband to sign me off as his wife of 40 years! I’ve been by his side 40 plus years. He has Parkinson’s with dementia ! I haven’t seen him in 7 months!! I can’t believe they can get away with this!
A provision was added to the POA document, giving beneficiaries the right to have the POA provide them with an accounting of my father's assets and bank accounts. He did not inform the beneficiaries of their rights. When I began questioning him about missing funds in the Irrevocable trust, he took my father to his attorney to remove me from the Will which ultimately took away my right to information. Any suggestions???
My mom is being sneaky with my dad's estate.she already gave his home to her son. She is now trying to get everything, not telling his own 2 kids anything. I by pure accident run across his conservatorship court dates. We had no clue about summons and there are signed waivers we did not sign. His next court date is the 11th and she is about to have the surprise of her life that morning.
Oh oh 😉
So what happened?
My sister has been abusing my mother for over ten years and original the original POA. My mom doesn't want her as POA yet the police do nothing. I am dealing with a Narcissistic sister in Sudbury Ontario. She has my mom in a home and she completely isolates my mother from me. My lawyer tried calling to speak with my mom at the Elizabeth Center and the home denied his call. Can someone help me, my mother has gone through extreme Senior Abuse and I don't know what to do?
I have a lot of questions about the POA process but for now I wanted to ask about those do it yourself POAs. My oldest sister had my father sign power of attorney to her. Long story short, before his death she zeroed out his bank account and told his creditors he had no money. I estimate he should have had at least $30,000. (I know it’s not much by what you’ve dealt with). I want to understand why she was allowed to do all that with that piece of paper why it didn’t raise red flags with the bank? There were other things I suspect she did that were illegal but that’s my concern for now. Btw we reside in Texas.
I think a great example of POA misuse/abuse is in employment.
Great information. I recently became POA of my mother. It's good to know what NOT TO DO.! I love her so much. I feel stressed out though at times. Does anyone else get stressed being a POA.? Just curious. I work swing shift and I'm pretty much taking care of 2 properties etc. I does get stressful but I'm doing ok so far
QUESTION PLEASE HELP
In regards to inheriting my parents rental property after they pass away, Do I need to pay renters taxes when selling it since that house was not their primary residence?
thank you to anybody that can help me answer this question
So my brother, Somehow got my mother to give him P.O.A, due to her 1st Stages of dementia.
However I was not included or told about any of these signed documents or court dates.
So I went to my mom's for a week hid my car to see how often my brother would show up.
And O.M.G he showed up one day to measure the patio,and to take all her personal and saved items over all her years and took it to the dump,MY GOD I WAS BEYOND 😡ANGRY%#'dfhj
Then I allowed him to see me their by the 4th day which I was so ANGRY,FOR HE NOT ONE TIME HAD ASKED MY MOM WHAT DOES SHE WANT TO EAT OR EVEN BOUGHT OR BROUGHT ANYTHING,
NO calls,no Groceries,No car, No Mail , just left alone all day.... oh its was just horrible when I found this out. You see we had a tiny argument that he snow balled all for the intentions to call police and was Trying so Hard to arrest me.so I left his house .but the point is he was trying to keep me from my mom,
Finally I said F-him and went to my mom's and that's how I found out that he practically left her for Dead.
So when I was their I made my mom her favorite meals she loves .3 aday NOT a Day old bag of Mcdonalds at 8,9p.m
Every 3Days
He has not looked into getting her besides me to help.NOTHING AND NOW HE IS PUTTING HER SSI MONEY IN HIS ACCOUNT I HAVE PROOF OF THIS.
HE EVEN SAID WHEN HE LEFT .MY MOMS WELL I WAS TAKING A LESS THEN 5 MINUTE SHOWER WHILE MY BROTHER WAS THERE,
HE SAID HURRY UP YOU GOT TO GO FIND MOM I SEEN HER LEAVE .I SAID WHAT HE SAID YEA ,SHE CROSSES THE STREET
ALL THE TIME I JUST LET HER, WE GET CALLS ALL THE TIME SHES WALKING IN THE MIDDLE IF ROAD WITH NO SHOES, OR KNOCKING AT THE WRING DOOR,
AGAIN COMPLETLEY SICKENED BY THIS, HOWEVER I HAD TO BE CIVIL , HE KNEW I WAS ABOUT TO EXPLODE, BUT DIDNT HAPPEN, AND THE FUNNY THING IS MY MITHER NEVER TOOK OFF WITH ME SHED SAY IM GOING OUTSIDE OR TO THE BACK OR FRONT.
SO AGAIN SHE ONLY LEAVES WHEN HE SHOWES UP
DEAR GOD WHAT CAN I DO ??
APOLOGIZE FOR THE NOVEL,I 1ST TIME SEEN YOU ON UTUBE AND WAS JUST BLOWN AWAY HOW FANTASTIC ,SINCERE,HEARD,SEEN,BEEN THEIR GUY
WITH GREAT COMPOSURE AND JUST BEAUTIFULLY EXPLAINED,
GREAT ALL THE WAY AROUND
GOD BLESS YOU AND YOURS THANK YOU
IF THEIR IS ANY PRO BONO LAWERYS OUT THEIR PLEASE HELLP
TO TAKE THIS DURABLE Power of Attorney away
Or call no my Email is christjesusismyrock@gmail.com
Sandra
My father got cancer,he had 3 children.
The youngest, my brother lived with him for 10 years alone . After nine months of battling with cancer, my brother brought him to the hospital for a lung issue.
After three days of ICU, he got cleared to go into a normal room, and our sister checked him out, brought him to a different location than his house. A day before a hurricane, put him into hospice trespassed us from seeing our father.
Got a power of attorney and cleared out $20,000 from his account. I never got to see my father again the past two days later.
The cops arrested her, and then the DA dropped the charges . Legal system is an absolute joke.
District attorney said he was going to drop the charges. I asked him where do I go from here state cops he said yeah.
825.10&103 dropped florida
Wire fraud dropped.
Isolation. Exploitation dropped.
Good to hear, Im 80 and in pretty decent health because of the supplements I take, I have a couple of sisters, one is just plain greedy the other is a big spender, I have alot of money coming in the next couple of months, everything points to these two wanting to placing me under a guardianship, is there anyway to throw a wrench into their plans like putting my money into a Trust or LLC? They know I would like to very much help the Needy, Animal Rescue and such, you get the idea, I would like to have these disbursements made before I die, all of it, I want nothing to go to my siblings or a Son who just as greedy as my siblings. Thank you.
Hi, you can clearly spell out your wishes in your will and have a trusted attorney or friend hold on to it so that it doesn't disappear; create a trust with clearly defined actions; if there is someone other than your sisters and son you can rely on to execute your wishes, put advanced directives in place. Any of these would circumvent the greedy sisters and sons. I'm not an attorney....unfortunately, I am learning this after horrible brothers abused the poa trust my mom placed in them when she became incapacitated. A beautiful and smart woman left destitute. I wish I knew and moved back sooner... best of luck to you.
@Boomer-cf2br what supplements do you take?
I have a question on how to handle a situation where the financial POA refuses to provide necessary financial resources to the medical POA for the care of the family member (MIL - dimentia). My brother in law (Financial POA) has recently stopped financial aid breaching the contract. Any advice would be so appreciated.
Right now my brother has stolen £32,000 of my money as he has power of attorney and my mother doesn't remember but she trusted him. He told the police I was after his money.
I had a power attorney abuse thats my brother Paulino Galicia Jr. whose living at 20203 Paseo Granada Cerritos Caifornia..my father is living in las vegas .he keep visitimg my dad there and make gambling casinos using my father's money and credit card.This pandemic last year my dad suddenly sick.My brother blocked us tru messenger .he keep isolated my dad until my dad get worst and lost his memory..He had verbal abuse to my dad and prohibited my father not to come here in Philippines even my dad wants to go home .He rather sent my dad to nursing home and there my dad got worsen so he tramsfer to Royal Springs Healthcare Rehab.My dad still critical sick with oxygen as his life support.I got all my ways to reach out my dad tru searching authority to help me.Yet its really hard to fight if you are here in the Philippines. May God chooses good better oerson like you to help us..thank u so much
We pray , in Jesus name
AMEN.😪🙏🏻
My uncle coerced my grandma to change her estate and change the trustee & person with POA. She has been diagnosed by multiple doctors as having dementia as of a year ago. My family knows she has dementia but they are brain washing her to sign papers when they sent an estate lawyer over. Is this legal or lawful?
Ever if the agent feels its in the principles best interest
Experience in h this right now. What can we do? PLEASE RESPOND!!!!
I FEEL PARALYZED IN THIS SITUATION.
My sister has poa for our mom. When I ask for bank statements, so I know how the money is being spent, she refuses to provide them. What can I do?
My sister misrepresents herself as sole power of attorney and hide my copy for 5 years. What to do?
MY friends daughter decided her biological dad who just sold his house (who she was estranged from for 30 years )was incompetent at 71 and on medicaid so quoting to us a "medicaid spenddown rule", she convinced me and his sister that he needed evaluation for $5k and his sister sent a check, then she bought a $65k suv and put it in both names, then she kept him taking zantacs everyday and signing everything she put in front of him including the deed to a mountain property that he overpaid for by $30k. In alll $185k is down to $1.8 k in 30 days and she and her kids have been on cruises and orlando trips that he paid for and she owes the vistims sister $5k back which will not happen. I have spent time with her Dad and have known him well for 50 years and whn off her meds, he is fine to be self caring, Should he suit her to get beck the theft of $35k cash and the car and the mountain property?
What did that daughter say, before "I'll take you to lunch after", as she persuades her mother to sign for power of attorney? Thanks for very good presentation ad wording, sir.
Only: What does one do, when very many have been abusing one, withholding for many years proper health-care according to one's illness and stress level/Aspergers disability/complex trauma, o that one is weakened on all levels with learnt helpessness, and all former illness symptoms worsened?
Knowing enough of the law doesn't seem to help when they all don't abide to it,
- when they are authority officials,
- when they tell the police to not be available and even to grab me for no reaso and lock me in psychiatry to make it look as though I am inhabile/incapacitated(?right word?)
- And when family is sick and not actively/properly supportive, but just on the surface and with negative prejudices about me?
- And when doctors fail to write the truth in my journals?
- And when I couldn't visit doctors and dentist for years because of not got the Personal Assistance that has been accepted/allowed for once? I so hope you have the time to answer , dear good Sir! I have sought help for 40 years, and not signed up for being abused and having my life destroyed and stolen, but want my life now. I am resourceful, educated, serious, active, willing to do what it takes and what I am able to. Am being kept incapacitated in Severe burnout and sleeplessness,and bad stress-related disease unnecessarilý. I could probably have healed, or at least got well functioning in the disease. Please help by advice or if i can talk with you, from Sweden. (different law, but the basics are the same, and it is mostly the psychological knowledge of the ropes, companionship and empowerment that I need.
Is it not different powers of attorneys I thought there was four different kinds could you explain that on a video and what each one has authority to do thank you 🇺🇸❤️
My dad asked me to sign a poa when I went to jail for a month . He said it was to get my jewelry. Out of a pawn shop.
He did infact get my jewelry. But here’s where he went too far…..
He also settled a civil court case on my behalf! And paid a lot of my own money to settle that civil case . And
He made no mention of this for months after I got out of jail until something had come to my attention and I asked him and he finally confessed . I still have not forgiven him!
Is that illegal of him to do?
How can I figure out if "my mother" illegally took out a p.o.a. on me without my knowing. ???
Same
I revoked a Power of Attorney from my son David. What if he uses the POA as if he refuse to acknowledge the revocation and still sell my real estate by his POA he got from me before?
Is there a government site I can get on to my sister who was made the agent of my dad money to see if she is taking his money and is she allowed to start selling off his stuff
I signed a power of attorney as I was being told it was my will by my lawyer and father. The bank denied knowing about it and my father denied knowing anything about it. After I suspected that I had been tricked into this I immediately got a new attorney and he notified the bank and my attorney that was both mine and my fathers estate attorney, that I had I guess, retaken my rights back. I waited over a year for my father to talk to me about it and apologize but instead he actually said he had no idea about it. I am so heartbroken and it has destroyed our relationship. What can I do for some sort of justice? By the way, I think the attorney I got to help me has either been paid off by my dad or he is doing something to screw me over by his actions and treatment of me. Also, he made me a new will and it isn’t anything like I requested it to be. I found something in it called heggestad petition included in it. Any thing you can recommend?
What do you think of a daughter having POA & future executor, using the POA to buy one of 2 homes (without court approval or telling anyone ) of her mom's, knowing the house she is buying would be willed to her sister and knowing the 2nd home was willed to herself. She buys the house at county assessment and not normal market price. The proceeds were used for the principals medical care but the purchase shorted mom $30-60K of potential $ for care and she ends up with both houses and the sister gets nothing. She also made sure to have all bank accounts as joint.
What about a living will instead of POA? Billionaires shouldn't be the only ones protected.
I believe that my Aunt who has a 90 day temporary P.O.A. is selling all of my Grandmother's assets for her own gain. My grandmother has dementia and is being isolated from us. I recently saw Grandma's house up for sale, and I believe my cousin is driving my deceased grandfather's 1970 Camero. My Dad and and Uncle feel helpless, because their Sister has their Mother intimidated.
I have a question if a parent passes and he set up a PUD when his wife passes can the wife make changes while she is alive and you get nothing
Principal survived her husband. There was an old POA medical who named her brother second. However, since the old POA she got well!! Doctors and nurses said, the current documentation on the recovery should be used. Husband passed and surviving wife name someone’s else as her POA medical. Wife cannot cook for herself, but is competent. Old POA 2nd after husband, is the brother who activated the old POA without his sister’s consent. I am the new POA medical my aunt wants. when visiting my aunt in the assistant living, I was supervised on every visit because he does not want my lawyer/my aunt’s lawyer to talk to my aunt to fulfill her wishes. He cannot do that per the director of the assistant living. How do you revoke?? Thank you
A sibling of mine has power of attorney over my parent. This sibling gives my parent drugs. What can I do to correct this? Can I have the POA revoked?
Sounds Soo Familiar..!!!
If a husband has POA, but is also responsible for the mistreatment and 2 time hospitalization of his spouse, how would the son get POA from her husband?