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Barrister
Barrister, Criminal Defense Law
Category: Criminal Law
Satisfied Customers: 23349
Experience:  14 years practicing criminal defense.
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I was my parents power of attorney in the event they become

Customer Question

I was my parents' power of attorney in the event they become unable to take care of their finances.
My parents' took out a reverse mortgage in the amount of $120,000(?). I was in charge of remodeling their home from top to bottom (I have all receipts for this).
Some of my sisters and I agreed to allow our parent to use the reset of the money however they wanted. It was never to be used for the care of either of them. They receive social security and we felt that money would be sufficient for them to live comfortably.
My parents' took multiple trips where they went to casinos, treated many, many friends & relatives to dinner, etc.
My sisters took my mother shopping too many times to count where my mother was allowed to purchase anything she wanted.
My father gave sums of money away as gifts because he loved to give to people and that was part of allowing him to enjoy his money.
They were both of sound mind so I didn't monitor their money as much.
I have no receipts for anything that my parents spent their money on.
My sister is accusing me of spending my parents money (what was left over - there isn't anything that's left) She is saying it's because I spent it.
How can I prove that my parents spent their own money - even if I had access to their account I'd get out cash and gave it to them.
No one can prove that I did or didn't.
What should I do? Do I need to get a lawyer or wait till they charge me???
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Barrister replied 1 year ago.
Hello and welcome! My name is XXXXX XXXXX I will try my level best to help with your situation or get you to someone who can.
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Are both parents now deceased?
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How long ago did this happen?
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What exactly is sister threatening?
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Are you saying that you took money out of their account and gave it to them to spend?
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Why didn't they take their own money out?
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Thanks
Barrister
Customer: replied 1 year ago.

My mother is still alive


my father is deceased


the reverse mortgage was done 6 years ago


my parents bills were paid out of my account for years and years - my dad would give his money away - so he asked me to help them pay his bills and I either would transfer money into his account or at times I think I withdrew cash for him when he asked. I have an ATM at my work.


Also, some of the workers who did some of my parents remodel wanted cash.


My parents were in Chicago & Iowa while their home was being remodeled


 


I have letters from 2 of my sisters who my dad visited, one in Chicago and one in Iowa, where they list some of the things my dad spent his money on - such as going to the casinos every day, he bought a used car that he wanted to give to another sister, he paid for another sister's car to be fixed over $500 and got her a rental.


 


She's saying that I claimed I had paid certain things with the money and she's found that these things have not been paid - I never said i paid those things. All my other sisters can vouch for me that i never once said those things were paid for.


She's asking for proof of what I did with the money. i have all the receipts that were given to me when i remodeled the house. however, i didn't receive some receipts for things that were done by a friend of my dad's, etc. the friend was paid - i don't know where he is now.


 


what is my obligation now? should i get a lawyer to explain that she has no rights or should i get a lawyer if she files charges or starts an investigation or what?

Expert:  Barrister replied 1 year ago.
Ok at this point, I don't see any reason to pay to get an attorney involved now. Sister is just making allegations that you did something improper. But without proof and since you didn't do anything wrong, then you don't have to worry about defending yourself to her.
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She doesn't have any legal standing to challenge anything that you or your parents did with their money unless she has been appointed mother's guardian. Then she would have legal authority to inquire. But until that happens, you can simply tell her you haven't done anything wrong and won't be put on trial by sister.
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If sister wants to know what mother and father spent the money on, she can go and ask mother and your other siblings. I see no obligation whatsoever for you to have to be accountable to the one sister.
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Thanks
Barrister
Barrister, Criminal Defense Law
Category: Criminal Law
Satisfied Customers: 23349
Experience: 14 years practicing criminal defense.
Barrister and 10 other Criminal Law Specialists are ready to help you
Customer: replied 1 year ago.

My sister is now Power of Attorney for my mother. Does that mean she's guardian?


I remodeled my parents home in 2005, what if I didn't save those receipts since it was 8 years ago (I did though, but what if I didn't?)


 


 


So should I request all of my father's bank account records now? Also, this may be something to worry about. My father was on medi-cal/medcaid, my mother still is. According to the law when filling out the medical qualifications my parents cannot have any money in their account. So a lot of the times I had to move their money out. Can I be arrested for helping my parents to "hide" their money?


 


You had asked why I would get cash out for them. I had to do it from another account, not his. Sometimes I'd just transfer little bit at a time to his account so that he could withdraw it himself.


 


So as far as if my sister is the guardian can she request info on my dad's account when most of the transactions were done on my account. Also, my dad's account only had his name on it and he passed away.


What if my mother is against my sister doing any investigation?


Can I do anything about being slandered?


Can I do anything about being harassed by my sister and her friend.


My other sisters don't think for one second that I ever spent any of their money. They've already written emails to the sister that is accusing me.


What else can I do to get them off of my back?

Expert:  Barrister replied 1 year ago.

My sister is now Power of Attorney for my mother. Does that mean she's guardian?

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No, they are two completely different things. A POA just lets someone share another person's rights. A guardianship puts them exclusively in control of another person's life.

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I remodeled my parents home in 2005, what if I didn't save those receipts since it was 8 years ago (I did though, but what if I didn't?)

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You could just get affidavits from others who knew that you had that done. The thing is that she doesn't have any legal grounds to file any type of lawsuit right now to force you to prove anything.

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So should I request all of my father's bank account records now?

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It probably wouldn't be a bad idea just in case.

 

Also, this may be something to worry about. My father was on medi-cal/medcaid, my mother still is. According to the law when filling out the medical qualifications my parents cannot have any money in their account. So a lot of the times I had to move their money out. Can I be arrested for helping my parents to "hide" their money?

,

About the only thing I can say is that as long as they don't find out, there is no problem. If they do, it could be considered Medicaid fraud and that is a bad situation to be in but it typically results in the defendant just having to pay back all the money plus penalties and interest.

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So as far as if my sister is the guardian can she request info on my dad's account when most of the transactions were done on my account. Also, my dad's account only had his name on it and he passed away.

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If father has passed, there can be no guardian. There would only be an executor. So she would have no access to his records unless she was executor.

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What if my mother is against my sister doing any investigation?

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She can't go against mother's wishes or mother can just revoke her POA


Can I do anything about being slandered?

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If sister is calling you a thief to third parties, and you can prove she is intentionally lying, then you can sue her for slander. But absent he making outright slanderous statements about you that you can prove are lies, there is not much you can do.


Can I do anything about being harassed by my sister and her friend.

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You could file for a restraining order against them if they are only acting to upset and distrub you. You would have to contact your local court to file the petition for the restraining order.

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What else can I do to get them off of my back?
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If you have done nothing wrong, then you have nothing to worry about and can just tell them to go "pound sand". But the restraining order is a good idea because they can be arrested and criminally charged if they violate it.
.
.
Thanks
Barrister
Barrister, Criminal Defense Law
Category: Criminal Law
Satisfied Customers: 23349
Experience: 14 years practicing criminal defense.
Barrister and 10 other Criminal Law Specialists are ready to help you
Expert:  Barrister replied 1 year ago.

Thanks so much for the positive rating and generous bonus, it is very much appreciated!

.

It was my pleasure to work with you and help with your question. Please feel free to ask for me if you need help with anything in the future and I will do everything I can to help or get you to someone who can.

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Barrister

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