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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 92788
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
10285032
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Attention Paul MJD, You and I have communicated recently,

Customer Question

Attention Paul MJD, <br />You and I have communicated recently, about my brother, my Attorney's spoke with Detective S. and after Detective S. said he was going to contact the District Attorney about fileing charges against my brother for fileing 5 false Police Reports against me, he now say's as long as my brother is not bother me anymore to just let sleeping dog's lie, I want to know what other recourses would my Attorney's have to bring charges against my brother, and the Chicago Police Department for the way in which they handled everything. Thank You B
Submitted: 5 years ago.
Category: Legal
Expert:  Law Educator, Esq. replied 5 years ago.
Charges are all at the discretion of the DA for criminal matters. You need to discuss with your attorney about suing your brother for malicious prosecution and damages you have suffered. Of course, if your brother has no money you could recover, the suit would be pointless because there is nothing you could get from him.


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Customer: replied 5 years ago.
Hello Mr. Paul MJd, my Name is XXXXX XXXXX you and I have communicated several times, this is what's going on and I need information on what to do and how to get help. <br />1. I have contacted several Attorney's because the arrests and searches that the Police did, they didn't identify themselves, they didn't show me an arrest warrant or search warrant, and I was arrest two time and my home was searched two times. Every Attorney I have contacted say there are unable to help me. <br />2. I'm in the process of getting my records expunged, when an employer do a background check will it still show that I was arrested twice, althought I was never convicted and all charges against me were dismissed. <br />3. What type of service is available for someone in my situation whom has been arrested and there home was searched twice. <br />4. Where can I find information on a Police duty to make an arrest and do a search. <br />Since the last time you and I have communicated my Brother the one who had me fasly arrested and whom filled false police reports against me, was arrested on May 16,2009 for being a hobitial felony and haveing a fire arm in possesion he was sentenced 6 Year's in Stateville, this had nothing to do with what he did to me, and the Detective has refused to take any action against my Brother for fileing false police reports. This should not have happen to me, the Police failed to do there required duty throughout this entire matter, althought I'm still seeing a Counselor, and under the Care of a Doctor and still on Seizure Medication, I'm makeing some progress to move forward, but I want to do something having these two arrest on my record has ruined my further for a better life. I look forward to your reply. Thank you in Advance.
Expert:  Law Educator, Esq. replied 5 years ago.
1. I do not know what to telli you regarding finding an attorney, you will have to keep looking.

2. You should have no problem having the records expunged since you were never convicted. Once expunged nothing will appear on your record.

3. Honestly, as we discussed, police entering home on a warrant or under circumstances such as here where it is a violation of a court order have the right to search the premises to secure themselves for danger. Police would have to be able to articulate their reasonable belief they had to secure the premises. As we have previously discussed these cases are so hard to bring and succeed upon.

4. Police search and seizure is a large volume of law and honestly you really need to go to the local library and obtain a book on search and seizure law to help you get a general understanding.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 92788
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Law Educator, Esq. and 5 other Legal Specialists are ready to help you
Customer: replied 5 years ago.
I called the Law Library of Cook County which is the Daily Center, the Temporary Order of Protection my Brother had against me was never served to me. I was to by someone at the Cook County Library that when I come to have what I'm looking for written down so they could better serve me. I'm very pleased to know that this want show up on my record. Thank You Mr. Paul MJD <br /> <br />B
Expert:  Law Educator, Esq. replied 5 years ago.
Thank you.
Customer: replied 5 years ago.
<p>Hello Mr. Paul MJD,</p><p> </p><p>My Name is XXXXX XXXXX and I have communicated in the past, I have a Power of Attorney the communication between the two of us is not great at all, in order for me to get money I have to contact her by phone or by email sometimes she respond and other times I don't here from her for a while, one of my front windows needs replacement I have it held togeather with three peaces of wood and two spoons, my power of attorney is aware of this, she told me to get an estimate i did, i contacted her the total cost to repair all three of my front windows and put window guards up is under $3,000.00 my power of attorney contacted me back after 4 day's and ask me all sort of question about the company, i checked the company out with the BBB, there in good standing, they offer a life time warranty with the window's and window guards, my power of attorney than told me to contact sear's and home depo i did, there both asking for over $10.000,00 to replace all my windows in which i do not need, and they don't install window guards, this type of problem with my power of attorney is contant, she has been my power of attorney for 2 year's now, July 2009 I signed a new power of attorney contract i have been asking repeatly for a copy of the contract and i have not received a copy yet. I have been asking my Power of Attorney for 2 Year's for her and I to sit down and go over my Finacial Status, I know how much my case was settle for Mr. Paul MJD, but I never seen anything in writting, I have requested to my Power of Attorney that when she and I sit down that I would like to have copies of all bills that she has paid, copies of voided checks and all bank tranactions and copies of my property that she told me is in a trust, Mr. Paul MJD I'm a survival of Two Traumatic Brain Injuries I live alone, I'm totally independent, I have informed my Power of Attorney that I want to return to School and she just ignores everything that I ask for, state that I want to do, or request, I want to dismiss her and have full control over my own finances, I feel like she's trying to hold me back could you please tell me the following information.</p><p> </p><p>1. What is a Power of Attorney's job, or where could I find out what there Job decription is.</p><p>2. Do I have a Legal right to have copies of the Power of Attorney Contract, see what my Finacial status is, see copies of all bill paid, all tranaction done.</p><p>3. Do I have a Legal right to dismiss my Power of Attorney. How do I dismiss my Power of Attorney.</p><p>4. Do I have a legal right to handle my own Finaces.</p><p>I pay all my bills out of my Social Security Check, I do my own Grocery Shopping, I take care of myself without any Home Care Assistant, and I live alone, I received my Ticket to Work for People's with Disability. </p><p>5. What is it that my Power of Attorney can do to keep me from dismissing her.</p><p> </p><p>Mr. Paul MJD, a while back when you and I was communicating my Power of Attorney had me come stay with her doing the Weekends for a while because of what was going on with my Brother, getting away was fine, but there were things going on at my Power of Attorney's house that I was not aware of that made me feel very uncomptable and unsafe and I never said anything about it I just stop going over and I really want to speak about it but I don't know who to talk to about it, so I want get into that, could you please give me some information about my questions.</p><p> </p><p>Betty</p>
Expert:  Law Educator, Esq. replied 5 years ago.
You have a right to ask for your account status from the PoA and if the PoA does not provide it you have a right to go to court (using legal aid) to file for an order against the PoA to get the information. The same thing if the PoA is not providing for your needs. You can argue to the court the PoA should be cancelled based upon your ability to care for your own affairs. You need to go to legal aid and get an attorney to challenge the PoA and seek to get it removed or at least get the PoA ordered to provide for your needs.


I hope you found my answer helpful, please click on the GREEN ACCEPT button above for my answer. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Your question will not close, and you will still have the opportunity to follow-up if needed. Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!

If you have additional questions, please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

There can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break.

You can always request me through my profile at http://www.justanswer.com/profile.aspx?PF=10285032&FID=39 or beginning your question with “For PaulMJD…”


Customer: replied 5 years ago.
<p>Thank You Mr. Paul MJD,</p><p> </p><p>I'm going to call the Daley Court on Monday and get the informtion about how to obtain a legal Aide, it's good to hear from you again. I Accept your answer.</p><p> </p><p>Merry Christmas and Happy New Year's </p><p> </p><p>Betty</p>
Expert:  Law Educator, Esq. replied 5 years ago.
Happy holidays to you as well. Thank you.
Customer: replied 5 years ago.
<p>Hello Mr. Paul MJD,</p><p>I called the Daley Center Probate Court, I was told that The Power of Attorney I have is not throught the Probate Court, that my Power of Attorney is my own Private Attorney, that I have full Guardianship over myself and that if I want to dismiss my Power of Attorney that would be between her and I, would I still need to get a Legal Aide to do this, Yesterday I spoke with my Doctor regarding this matter that I wanted to dismiss my Power of Attorney and take complete control over my own estate, I was told by my Doctor that because I just got out the Hospital that he would not want to write a letter in my favor to take to Court to dismiss my Power of Attorney, Mr. Paul MJD the Doctor wasn't aware at the time that I have a private Power of Attorney and she's wasn't appointment to me throught the Courts, so I need to know the following Please.</p><p>1. Do I need a letter from the Doctor to dismiss my private Power of Attorney, even if I am my own Guardian.</p><p>2. Do I need a Legal Aide to represent me to dismiss my private Power of Attorney since she's not a Court appointed Power of Attorney.</p><p>3. What steps do I take or what do I do to dismiss my Power of Attorney and have her turn over all my information to me and end the relationship, since the Court has nothing to do with the Power of Attorney and I.</p><p>4. Who do I contact if this is something that I'm surpose to do on my own.</p><p>5. What can my Power of Attorney do to stop this, because I have let her know that I'm dismissing her because of her failure to communicate with me regarding my Finacial Estate and she just ignores me as usual, I did inform her that January 4, 2010 I wanted to sit down with her and go over everything would this be a time I could dismiss her.</p><p> </p><p>Yesterday I met with my Doctor I left a letter with all of them requesting a letter to take to Court in my favor, this was before I knew that she and I had nothing to do with the Court, I put a block on all my Medical Records to keep my Power of Attorney from having any access to them, I asked all my Doctors not to discuss my Medical condition or anything else relateing to me with my Power of Attorney, and I took her off my Medical Emergency Contact. I look forward to your reply. Thank You in Advance.</p><p> </p><p>Betty</p>
Expert:  Law Educator, Esq. replied 5 years ago.
If this is merely a private PoA, all you need to do is send written notice to the PoA that effective immediately the PoA is cancelled. You also send this notice to all of your financial institutions that this is a privately granted PoA and effective immediately the PoA has been cancelled and she no longer has any rights over you or your accounts as PoA. Then all she can do is try to go to court to get the court to order a guardianship over you. You should get legal aid to do this letter for you, but you can do it yourself if you choose.
Customer: replied 5 years ago.
<p>How would I go about trying to find a Legal Aide to represent me if I need to in the event that my Power of Attorney try to take me to Court to show that I'm incompetent, I want to know does the fact that I live alone, take care of myself, pay all my bills out of my Social Security Check that I receive that's in my Name, do my own Grocery Shopping show that I'm Competent althought I see a Social Worker and I was recently Hospitalized which was due to an ellergic reaction and my Dilantin level being to high, I'm no longer on any Seizure Medication, but I do take another Medication, I still see a Social Worker would the Private Power of Attorney be able to use that against me, the reason I'm asking is because it's been so diffulcult to try and get her to sit down and take to me about my finacial situation, if I can't find a Legal Aide to do this and I write the letter myself in which I may have to, after writting the letter should I call the banks I do know where my Money is at because the Power of Attorney told me, but what if she has it under some name, when I dismiss her is this when I would receive all the information regarding my finances. I'm very competent, how would I argue being Hospitalized, seeing a Social Worker, and taking Medications, do I have a Legal Right to decide if I don't want to continue seeing the Social Worker it's really to expensive, my insurance only covers a portion of the payment, the Power of Attorney is aware of this and she know's that I have allot of Hospital Bills, and she has not made any attempt to pay them, she handles my Medicare set asside Money used for that, if she tries to take me to Court to show that I need a Guardianship would I be able to tell the Judge why I'm fully capable of handling my own Finaces. What evidence could the Power of Attorney use against me. </p><p>1. When I send to the Power of Attorney the letter of dismissal, how long does she have to response back to me, and return everything over to me.</p><p>2. If the Power of Attorney decides to take me to Court to say I need Guardianship, would she be allowed to use any Medical Information against me, since I took her off my Emergency Contact, and put a block on my Medical Records, and informed all my Doctor's not to discuss anything regarding me to her.</p><p>3. Should I inform the Hospital Administrator about what I asked the Doctor's not to do and that's share my information regarding my Medical informaton with my Power of Attorney.</p><p>4. When I signed both Power of Attorney Contract I did give the Power of Attorney premission to have access to my Medical Information if need be, and to make Medical Decisions for me in the event that I become unable to, could she still get access about my Medical History althought I put a Block on my Medical Records only allowing me access to them.</p><p>5. Should I send the Letter of Dismissal Next Day Delivery with a Signature Request.</p><p>6. After sending the Letter of Dismissal how long after that will the Power of Attorney have to turn everything over to me, if the Power of Attorney tries to fight this dismissal and take me to Court when would I be made aware of this and about how long will it take.</p><p> </p><p>Betty</p>
Expert:  Law Educator, Esq. replied 5 years ago.
1) you find your local legal aid office in the phone book

2) the termination of the PoA is immediate upon receipt by your PoA

3) You send a copy of the cancellation of the PoA to the doctor and hospital and everyone else such as financial institutions that the PoA has been dealing with on your behalf.

4) If the PoA takes you to court, she would have to subpoena the medical records and the doctor to testify and the court will allow it if she is alleging your medical condition makes it so you are unable to care for and manage your own affairs. At that point you can also request the court appoint an independent Guardian Ad Litem to represent and protect your interests.

5) Your notifying all medical providers that the PoA is revoked immediately would prevent her from accessing your records or information any longer and if they continue to grant her access you would have a suit against them for violating the medical records privacy law and also can file a complaint against them for a violation of the HIPAA law.

6) You can send the notice priority mail with delivery confirmation and upon the proof of delivery the PoA is to surrender everything immediately and if they do not you would have to sue, which is why I suggested Legal aid handle this from the beginning.
Customer: replied 4 years ago.
<p>Hello Mr. Paul MJD,</p><p>I contacted you December 16, 2009 in regards XXXXX XXXXX Power of Attorney, I asked what would I have to do in order to dismiss my PoA, and you informed me that I should consult with a Legal Aide, in the event that my PoA should try to take me to Court to say that I need Guardianship, I have not been able to find a Legal Aide Clinic that could service me, you also informed me that I could write a letter of dismissal and the letter of dismissal become's effect upon the moment the PoA receives it, since I have been unable to get legal assistance, I have asked repeatly for my PoA to meet with me to sit down and go over all my Finances, nothing has come of it still to this point, my PoA is aware that I want to return to School no later April 2010, I have a Student Loan that she has been working on getting rid of for Two Year's now, she has constantly missed the deadline, Mr. Paul MJD, althought I want to dismiss her, I have tried repeatly to communicate with her, and I have tried to work things out with her to have a better PoA and Client relationship, no matter what I do, she disagrees with me, she doesn't want me to return to School, but instead when she does finally contact me back, she tells me about cleaning houses, and I have constantly told her that is not the type of further I want, she constantly uses my Brain Injury as an excuse as to why she doesn't think I should return to School, I find her behavior not only to be unprofessional but very discriminating as well, it is against the Law to Discriminate against anyone because of there Disability, starting in Feburary 2010 Social Security will start taking money out of my Check to pay the Student Loan, my PoA is very aware of this, I faxed over to her the letter from Social Security letter her know what was going to take place in Feburary 2010, Mr. Paul MJD, I have the Finaces to pay the Student Loan Bill, but because my PoA, handles my Finacial affairs she's the only one that could see to the bill being paid, whenever she finally calls me back, she tells me she's trying to get the Dr. and Social Worker to fill out the forms correctly, because the Doctor keeps filling the forms out wrong. my PoA just insist that I continue to see the Social Worker, who is determined to make me except a Label that I'm mentally Challenged, because I have P.T.S.D., which is due to Two Traumatic Brain Injuries, and I refuse to except that sort of Label, the Doctor as well, I have tried to make it clear to the PoA, that I will not continue to meet with either the Social Worker, or the Doctor, and that I am not under any Court order's to due so, the only Two Doctors that I see on a regular basis is my General Medicine Doctor and my Neurologist, my PoA want me to attend a Women's Clinic to talk to someone, Mr. Paul MJD this is when she does call me back, it's only to talk about what I need to do and not what I want to do with my further, I feel my PoA is hideing something regarding my Finaces, my PoA has told me on several occasions that the Law allows someone to give a Gift of up to $12,000.00, I dont know where she was going with that, but something didn't feel right about her tellling me that, the last PoA contract that I signed there were several boxes that had to be checked, and the box that had been typed checked was DNR, and while she was going over it with me, I said to her that DNR, means DO NOT RECESATATE, and to cross that out, because I AM TO BE RECESATATED AT ALL TIMES, I requested a Copy and still to this day I have not received a Copy of that PoA contract or the first PoA contract along with any of the other information I have requested, Mr. Paul MJD, I'm really concerned about my Estate there is something that's not right, I would like to know the following.</p><p> </p><p>1. Should I write the PoA a letter myself and send it to her, by Certified Mail informing her of my decision to dismiss her.</p><p>2. Should I write a letter of complaint if she fail to surrender all my Finacial Estate over to me.</p><p>3. I put a block on my Medical Records in December 2009 when I first contacted you regarding the PoA, should I check to see if she has tried to retrieve any of my Medical Information.</p><p>4. When I write the Letter, would it be o.k. to say why I want to terminate the PoA, and how would I know if she's sending me the right information pertaining to my Finacial Estate, I have adding up what I know my Finacial Estate should be, but what if her fingures are not the same as minds, what would I do then.</p><p> </p><p>Mr. Paul MJD, I want to do the right thing, and not have any problems where can I find information regarding the responsibilities of a PoA.</p><p> </p><p>Thank You,</p><p> </p><p>Betty</p>
Expert:  Law Educator, Esq. replied 4 years ago.
You can write your letter to her dismissing her and you would send a copy of that letter to all of your financial institutions and medical care providers as well informing them the PoA is cancelled.

You tell her that you are demanding her to turn over all documents pertaining to your finances in the cancellation of the PoA and tell her failure to do so will result in your suing her and even contacting the DA about possible theft and misappropriation of fund from your estate.

Customer: replied 4 years ago.
<p>Mr. Paul MJD, I did write a letter the first time to all my Doctor's asking them not to share any of my Medical information with her, and I put a block on my Medical Records preventing the PoA or anyone else from getting any of my Medical Records information, my Neurologist and my General Medicine Doctor's were fine with doing that. It's the Neurophychologist and the Social Worker that's the problem, the Neurophychologist is very demainding that I take Zoloft which made me sick due to all the side effects, I was only depressed because back in January 2009 I had problems with my Brother whom was constanstly fileing false Police Reports against me and I went to Jail Twice, the only reason why I was recommended to see the Neurophycholgist is because the other Dr. thought it would be good to talk to someone because the entire matter had took such a strain on me, the Zoloft was discontinue, and before it was I was taken Dilatin for Seizures and Zoloft for Depression, and because of all the problems I was having I went on the Internet and researched both Medications and found that the Two Medication should not be taken togeather and I was first taken off the Dilantin than the Zoloft, I haven't seen the Neurologist since the other Head General Medicine Doctor took me off the Zoloft Medication I have an appointment to see him on January 19, 2010 he quetioned the first letter that I gave him about not sharing any of my Medical Information with her and before I wrote the letter to him, that day, I had an appointment with him and I asked him if he could write a letter on my behalf to take to court to have my PoA dismissed, and he refused to do so, because I had just gotten out the Hospital, due to something that could have been avoided, my Dilantin level was up and that's because no Blood Work had been done on me in almost 7 Month's and I fell at home, I trip over my rug and fell on top of my hand and he wanted to use that as an excuse not to write a letter on my behalf, so than I wrote a letter for him and the Social Worker while standing at the front desk and left it for each of them asking not to share any of my Medical Information with the PoA, and that I went to Medical Records and had a block put on my Medical Records, but I found out throught the Daily Center Probate, that my PoA is Private and her or I have nothing to do with the Court because she was not appointed to me, the next week I returned to visit with the Social Worker, she immediately throw calling the state in my face, her exact words to me " I will have to call the State on you if your thinking of dismissing your PoA, if your PoA calls for any information I will have to speak with her, your not capable of handling your own finances", than she tried to force me into excepting that I'm Mentallly Challlenged because I suffer from PTSD, which was aggrevated due to the issue that took place in January 2009, I have since moved forward in my Life, going towards a New direction, I told the Social Worker that I was not going to be labeled, that I'm not Mentally Challenged and I will not allow anyone to call me that. ( I'm so sorry for the lengthy letter's ) but this is really a serious issue with em and I want to be as clear with you as possible, I need to now the following Please.</p><p> </p><p>1. Even thought I have given all the Doctor's letter asking them not to communicate with the PoA, should I still write them letters letting them know that I teminated the PoA contract.</p><p>2. What if the Social Worker call the State on me because I teminate the PoA, which she did say she would do that if I do, the Social Worker is also trying to force me to go into a Day Program, while she's on Maturnity Leave, what is the Law for a Person with a Disabilities, do we have a right to refuse Medical Treatment.</p><p>3. Can the Social Worker and the Neurophychologist call the State on me and force me into a Day Program, and forced me to take Medication.</p><p>4. Should I send all the Doctors and Finacial Institutions the a copy of the letter informing them that I dismissed my PoA.</p><p>5. Do I have a right to stop seeing the Neurophychologist and the Social Worker if I want to.</p><p> </p><p>The reason I ask that is because both of them are very forceful and demainding, I don't see the sense and going to see either of them, neither of them worked with me throught my problem that I was dealing with, I couped with it myself, by having fath, I have told both the Social Worker and the Neurphychologist that Medication is not alway's the answer to a problem, listing to the Patient is the solution, neither of them seem to like that I'm very out spoken, they don't want me to make any decision, just do as I'm told and don't ask questions, now I'm not taking any Medication. I wanted to explain that to you Mr. Paul MJD, to inform you of the step's I have already taken.</p><p> </p><p>Betty</p><p> </p><p> </p>
Expert:  Law Educator, Esq. replied 4 years ago.
Yes, you have to terminate the PoA before they can stop honoring the PoA. Just because you wrote the doctor and told them to stop giving out information, as long as the PoA was effective you did not change anything.

2) if the social worker tries to force themselves on you, they would have to do so by filing suit in court for guardianship and you would be entitled to demand an attorney to represent you at that hearing to fight the guardianship.

3) Yes, the social worker and doctor can go to court to seek guardianship

4) Yes, send them notice that you have terminated the PoA.

5) Unless there is a court order to the contrary, you have a right to stop seeing the doctor and the social worker.
Customer: replied 4 years ago.
<p>On December 15, 2009 I signed a Health Informtaion Management Statement with pacific instructions NOT TO RELEASE RECORDS TO ANYONE EXCEPT PATIENT, WHO WILL PICK UP, I also did the same thing in the other Medical Record Department for the Neuro-Behavior, so that doen't stop anyone includeing the PoA from having excess to my Medical Information.</p><p>Today, I'm going to put togeather a letter dismissing my PoA, and a letter informing all the Doctors as well. I have no knowledge of were any of the finacial institutions are regarding my finaces because the PoA would never tell me, so how would I communicate anything to them informing them that I dismissed my PoA.</p><p> </p><p>Betty</p>
Expert:  Law Educator, Esq. replied 4 years ago.
The financial institutions, I don't know what to tell you other than demanding the information from her or contacting the ones you may have an idea about.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 92788
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Law Educator, Esq. and 5 other Legal Specialists are ready to help you
Customer: replied 4 years ago.
<p>Thank You so much Mr. Paul MJD, Today I'm going to write the letter to my PoA and send it next day delivery, and present the same letter to the Drs. and other's as well.</p><p> </p><p>Thank you,</p><p> </p><p>Betty</p>
Expert:  Law Educator, Esq. replied 4 years ago.
Good luck to you. Thank you.
Customer: replied 4 years ago.
<p>Hello Mr. Paul MJD, you and I communicated about my PoA, you informed me of what I could do to dismiss my PoA, I finally was able to speak with her, the two of us both agreed to meet on January 23, 2010 and go over my estate, the meeting was cancelled by my PoA, throught an email, on Febuary 1, 2010 I meet with my PoA, (before I go further into what's going on now), I wanted to meet with my PoA before I dismiss her, which is what I plan on doing, as I mention to you in other replies, I had never received a copy of either of the two PoA contract, nor did I ever receive any information regarding my Worker's Compenstation settlement (that I did sign agreeing to the amount) or the Medical Set-Aside settlement, Today Febuary 1, 2010 doing the meeting with my PoA, she gave me copies of things that was paid for out of my estate, (I will list them), a copy of both the Worker's compenstation settlement & the Medical Set-Aside check, a copy of the PoA contract that I signed July 2009, but not the one of 2007 throught 2008, the amount of money that I calculated that was spent was completly different from the amount that PoA showed me, and none of the figures she showed me were from any bank statement's, cancelled checks, or any credit card statements, the PoA told me that I signed two contract agreeing to pay her Attorney fee's for being my PoA, the only thing that I can recall signing is two PoA contract's, and the worker's compensation and medicare set aside agreements, and if I did sign anything else I thought everything was based on my worker's compensation settlement, medical set aside settlement, and PoA, just giving her permission to make decisions based on my health in the event that I'm unable to make any decisions for myself, all the figures the PoA had prepared for me was on plan paper with dates on them, with different charges nothing that would be consider legal, the PoA charged me $18,000.00 total from 2007 until 2009 and I dont even know what else she could have charged me for, I would like to know the following.</p><p> </p><p>1. Can a PoA charge a client to be there PoA, if so what could they charge a client.</p><p>2. Doesn't an Attorney have to explain to the Client and make sure they understand what there signing.</p><p>3. Where can I find information about the responsibility of an Attorney that a Client PoA.</p><p>4. A large amount of my money the PoA doesn't have anything to show for it, I told her that I was going to contact the ARDC and she asked me not to and to give her until Febuary 9, 2010 to have everthing else ready for me, I also wrote a letter about what took place and she and I signed it, she said she would give me back $5,000.00. WHAT SHOULD I DO REGARDING #4 QUESTION.</p><p>5. the PoA also said that I said I would give her a $12,000.00 gift I never said that nor did I ever sign stating that but I do remember her talking to me about people are allowed by the Law to give one gift a Year of $12,000.00.</p><p>6. The PoA has charged me for phone calls were I would request a Wire Transfer, the PoA is the one who has access to my finances and that's the only way I could get money is that legal, other bills for things that was paid the PoA would not do a Wire Transfer over to my account she alway's wanted to do them and I was not aware that she was charging me for everything she did.</p><p> </p><p>Mr. Paul MJD I will be dismissing her before we meet again on Febuary 9, 2010 what should I do, is this something that is serious enough to bring to the attention of the ARDC, between now and Febuary 9, 2010 the PoA could just do all sorts of things to say what my Money was spent on, I had every bank statement that I have been keeping track of, the amount of money that was spent on things, and the amount of money that was spent on things I gussed on each amount, and I was over each bill by atleast $200.00 or more, I didn't see the actual amount until today Febuary 1, 2010.</p><p> </p><p>I look forward to your reply,</p><p>Thank You in Advance,</p><p> </p><p>Betty</p>
Expert:  Law Educator, Esq. replied 4 years ago.
1. The PoA can charge reasonable fees and expenses that result from being PoA if the parties have agreed upon fees. Expenses would be recoverable (such as attorney's fees) as long as she can show they were related to the administration of your affairs.

2. An attorney has to present a document to a client and it is up to the client to read and if the attorney has reasonable belief that the document is not self explanatory or that the person signing may not understand then the attorney should explain the document to them. If the attorney here knew or should have known there may be some question regarding your competency, then they were bound to explain it to you and if they did not it may be malpractice by the attorney, but you would not know that unless you actually sit with another attorney and show them the documents you were given to sign by the attorney.

3. The responsibility can be found by contacting the state bar office of disciplinary counsel and speaking to them about what the attorney did or did not do.

4. If you are out substantially more than the $5000, then you should call and report this to ARDC and also get an attorney and prepare to sue her. If the $5000 or close to it is what is missing and unaccounted for, then wait until the date on the letter and if she doesn't pay by that date contact ARDC.

5. She cannot enforce an oral promise to give a $12,000 gift, if that promise was not in writing it is not enforceable and you can force her to give the money back or sue her for it.

6. The charges for the phone calls are questionable as well, depending on the nature and what is written in the PoA.

At this point, all in all, I really believe you need to go and sit with a local attorney and sue the PoA because it seems that she has taken advantage of you here and has taken money to which she is not entitled. The only way to determine that for sure is take copies of all your documents and sit with the local attorney for review and I would suggest doing that immediately or as soon as possible without waiting for her on Feb. 10.
Customer: replied 4 years ago.
<p>Mr. Paul MJD, before I contacted you I had called the ARDC and spoke with someone that I had spoken with when all this took place from the beginning and the person was aware of who I was, I informed her about the meeting between the PoA and myself that took place today, and althought I was informed by the ARDC that I could file a complaint I inform the ARDC that I had choosen not to do that at the time, but I wanted to give my PoA, a chance to sit and meet with me, I informed the ARDC of the information that I received and the amount of money that is missing and that the PoA signed a letter that I had written out explaining what had taken place and that the PoA agreed to give me back $5,000.00 of the money that she had taken in Attorney fees, I also informed the ARDC that this money that I was awarded was for me to live off of, because I'm on Social Security, and I was not aware that I was signing an agreement to pay the PoA, I thought I was just signing giving the PoA power to handle my affairs in the event that I became unable to, Mr. Paul MJD the PoA is aware that I have a Traumatic Brain Injury, the ARDC want's to meet with me tomorrow, they want to go over all the paper's that I received from the PoA today, and I feel this is something that needs to be done immediately because by the time we meet next week Febuary 9, 2010 the PoA could do anything by than. Mr. Paul MJD I didn't want to speak on what I'm about to say, because I didn't want to have any involvement in this, and what people do is there business, but because of what took place today when I meet with my PoA and what I do know for a fact that I have seen and witness with my own two eyes is what I feel may have happen to my Money.</p><p> </p><p>My PoA son has a Criminal Record for Drugs, My PoA had me cleaning her house back in July 2009 because she told me that because of all the things she does for me for free I should want to help her, was at my PoA house 3 to 4 Day's in July 2009, I'm aware that my PoA son does drugs, the PoA told me, and while she had me cleaning his room I saw pictures of money with her son in it with some other people with $100.00 bills spreaded around in a circle (although that doesn't mean that this was drug money) but I also saw a large glass pipe(?) I didn't say anything but I told my PoA that I didn't want to clean his room, because I don't like what I saw, I wasn't aware at the time that my PoA was spoking marijuana until I asked her what was it that I was smelling when she had me cleaning her bathroom, and she said nothing and I left it at that, until one day I was sitting on her back poarch and the PoA came outside were I was a little while later and when she sat down, she pulled out a cigerette ligther and put a glass pipe that was shaped like a cigar pipe in her mouth and lit it and I asked the PoA what was that an she told me that she smoke's (I was out done) the pipe is clear glass with Purple, Orange, and White stripes on it, that was the last time I was over there, today at the meeting with my PoA and I, I wrote a letter and had her sign it because I told her that if she didn't come up with the rest of my Money I was going to the ARDC and I was going to tell them about her using drugs, and this is where I beleive my money has been spent own, I also told her that I have nothing to hide and know reason to lie, and that's when she begged me not to do anything like that, and she would give me back $5,000.00 of my Money, and she begged me to wait until Febuary 9,2010 to meet with me, because doesn't want me to go to the ARDC, I also told her that I'm going to ask that she take a Drug Test.</p><p> </p><p>Mr. Paul MJD, this is not something that I wanted to ever have to do, but all my money is gone my Worker's Compensation check was settled for over $75,000.00 after I did the adding and Subtracting I calculated to have remaing in my estate over $43,000.00 not including interest accured, and the Medical set aside was settled for $50,000.00 for any further medical expenses, everytime I needed a wire transfer I would send the PoA an email or leave a voice message, anything I needed to purchase I could have done it myself, but the PoA would alway's ask me what I needed the Money for and she would tell me that she would take care of it, and I wasn't aware that she was charging me, for something that I could have done myself. And when I cleaned her house, she never paid me and I never expected her to because she told me she was doing alot of things for me for free, do you think I should keep my appointment with the ARDC for tomorrow, I really worried about my Money, the PoA should me a figure of the amount of money I have remaining on paper that she wrote on of $12,631.06, that's a big difference from the amount that I calculated to have left. I informed the ARDC of that and because it's so much to see, they just want to meet with me to first go over everything to help me with my complaint. Do you think I should just meet with the ARDC tomorrow, or wait and meet with the PoA on Febuary 9, 2010.</p><p> </p><p>Betty</p>
Expert:  Law Educator, Esq. replied 4 years ago.
I think you still need to get an attorney to represent you in this against the PoA because there is a lot that needs to be looked at here with all the records.
Customer: replied 4 years ago.
<p>I know a GAL, whom help me get my Right's restored in 2007, is a GAL the samething as an Attorney, if so and the GAL can help me with this matter.</p><p> </p><p>Betty</p>
Expert:  Law Educator, Esq. replied 4 years ago.
A GAL is not the same as an attorney unless they actually are an attorney and in some cases they are and some cases they are not. You need to check with them.
Customer: replied 4 years ago.
<p>O.K. Mr. Paul MJD, I will find out tomorrow if the GAL is an Attorney, I will still meet with the ARDC and if the GAL is not an Attorney I will look for one through the Legal Aid, because the PoA didn't give me any copies of anything that shows proof of were my Money is or how it was spent, I want to get something done before Febuary 9, 2010.</p><p> </p><p>Mr. Paul MJD, Thank You Very Much.</p><p> </p><p>Betty</p>
Expert:  Law Educator, Esq. replied 4 years ago.
Thank you, XXXXX XXXXX wish you the best here, you do need an attorney involved at this point so you need to find one soon to get to the bottom of this one.
Customer: replied 4 years ago.
<p>Hello Mr. Paul MJD,</p><p>Today I meet with an Attorney from the ARDC, Yesterday I wrote a Letter of Complaint and made copies of all my Banking Statement, the Attorney took notes to put with my Letter of Complaint the Attorney also made copies of the hand written figures of regarding my Estate that my PoA gave to me Yesterday, I was informed how the ARDC will handle the Complaint, I also informed the Attorney from the ARDC that my PoA want's to meet with me on February 9, 2010 to go over my Estate and give to me my Medicare Set-Aside, I asked if I had to meet with her and I was told no, the ARDC would handle the matter, I was very Honest about everything that I stated in my Letter of Complaint to the ARDC, I was also told that they don't give any Legal Advice as to retaining an Attorney, but they could give me information about an Attorney, I got a list of Attorney's from the Daley Center Court house and I'm waiting on an Attorney that I contacted to get back in touch with me, Mr. Paul MJD I would like to know the following.</p><p> </p><p>1. Should I wait for an Attorney to dismiss my PoA, or is it illegal for me to dismiss her now that I have turned the matter over to the ARDC.</p><p>2. Can I have another Attorney represent me at the same time the ARDC is investigating my Complaint.</p><p>3. My PoA charged to her American Express charge items that I needed that I could have purchased myself with my own Money but, when ever I needed a Wire Transfer to make a Purchase my PoA would not sent to me the Money, so I thought the Purchases was coming out of my Money, but I found out at the meeting Yesterday with my PoA that she was making the Purchases with her American Express Card, is that Legal.</p><p>4. I was told by the Attorney from the ARDC, that they will try to recover some or all of my Money, depending on what reason my PoA tells them and show proof of why she paid herself $18,000.00 how would I disprute my PoA reasons for paying herself $18,000.00 if I don't agree.</p><p> </p><p>I informed the Attorney that I was not aware that I had to pay my PoA, and the paper's I signed was giving her Power of Attorney to only make Medical decisions for me in the event that I became unable to speak for myself, my total Worker's Compensation Settlement was $95,000.00 and the Attorney whom was my Attorney at the time was paid $19,000.00 from the lump sum settlement of $95,000.00 so I thought this was the only time I had to pay an Attorney, this Attorney was my Attorney for 5 Year's and as fare as I'm concerned this Attorney earned his pay, but I totally do not agree that I should have had to pay my PoA $18,000.00 and she had only been my PoA for two Year's.</p><p> </p><p>The Contract I signed with the first Attorney, whom settled the case for $95,000.00 and received $19,000.00 I did not sign the same type of contract with the PoA, although the PoA told me Yesterday at the meeting that I had signed two contract, but she did not give me copies of them yesterday nor did she give me copies of them when I was supposely had signed the two the first time. Is it legal for an Attorney to get paid that amount for just being a PoA, and she was not a Court appointed PoA, nor is she my Guardian, I have full Rights over my Person and Estate, I requested in my Complaint, computerized legal documents showing everything that she claimed she did, gas mileage, a history of the PoA credit Card spending from 2007 to 2010 because I want to see what everything that she charged on her Credit Cards for me, and I asked that the PoA show where she took money out of my Estate to pay herself.</p><p> </p><p>I look forward to your reply.</p><p> </p><p>Thank You,</p><p> </p><p>Betty</p>
Expert:  Law Educator, Esq. replied 4 years ago.
1. You can cancel the PoA now there is nothing stopping you even with ARDC involved.

2. You can have an attorney while ARDC is investigating and you should have one.

3. It doesn't matter how she was making the purchases for you as long as she was and you were liable to pay for those purchases whether she was taking it from your accoun or putting it on AMEX and then paying that bill from your funds.

4. You dispute the paying of the PoA based upon the fact that she was not authorized for payment and that she did not spend sufficient time on the account to earn that amount of money.
Customer: replied 4 years ago.

I was asked by the Attorney from the ARDC what proof did I want the PoA to show me regarding how she spent my Money, I requested from the ARDC the following and I would like to know can the PoA refuse to show what I request from her and what the ARDC request from her regarding proof of how she spent my Money.

1. I requested a Credit Card history from my PoA to be done by the ARDC, to show all tranaction that she made with her Credit Card for things purchased for me and information showing all Transactions deducted from my Estate to repay herself.

2. I requested from the ARDC to have my PoA show phone records, because my PoA told me that was one of the reason's why she charged me $18,000.00 because she spent so much time on the phone taking care of Business for me, (these were things that I could have done, but was not allowed to do, because the PoA would never give me the information so I would know whom to contact) and she would alway's tell me that everything was O.K. and she was handling it, so is it O.K. for me to request Phone records, and isn't this part of showing what work she did to receive that type of pay.

3. In my letter of dismissal to my PoA can I ask for for information regarding my Finances or is that something that I should just leave for the ARDC to handle.

 

In my letter can I just keep it simple and just inform my PoA that I'm dismissing her, or do I have to give her a reasonable explanation what does the Law require that someone does to dismiss their PoA if there's an investigation done, I want to make sure I don't do any damage, do I have to inform her in the letter of dismissal that I filed a Complaint with the ARDC.

 

Thank You,

 

Betty Tobler

Expert:  Law Educator, Esq. replied 4 years ago.
Everything you are asking for is more than reasonable and you are entitled to that proof.

The letter just needs to be simple, you do not have to tell her anything about ARDC. Just tell her she is dismissed and she is to turn over ALL records regarding your accounts and business that she has in her possession or control.
Customer: replied 4 years ago.

Hello Mr. Paul MJD,

Today I sent to my PoA a Noterized Letter dismissing her, by Next Day Delivery throught the Post Office, I did not inform her about the Complaint with the ARDC, the Letter was very brief and I aked that she return to me everything regarding my Account and Personal Business, I received two call backs from Attorney's one Attorney will help me but I would have to pay him, that's not an option at this point the other Attorney recommed The Bar Association, I called The Bar Association and spoke with someone and gave them my contact information and I'm waiting on someone to reply. I also called the Bank, that my PoA put my Money into CD's I was told by a Bank Representative that all 3 CD's had been cashed in the same Year that they were opened, before the Maturity Date, and because of that the Bank Penalized me, I was not aware of that, I asked was there anymore accounts and was told No, I asked that because I was trying to get some leads on where the rest of the Money is. I would like to know the following Please.

 

1. If I cant find an Attorney to help me with the matter with my PoA, can I represent myself and take her to Court and sue her for Misconduct.

 

2. My PoA had me clean her house every 3 to 4 Day's in the Month of July 1, 2009 throught July 31, 2009 because I was told by my PoA that she needed help cleaning her house and that I should not mind doing that for her because she does thing for me as my Power of Attorney for free. So I did because I thought she was my PoA for free, I did not realize of know that she was charging me $18,000.00.

 

3. Can I sue her under the Labor Law, in Civil Court, throught the Illinois Department of Civil and Human Rights.

 

4. Where would I find the Labor Law's for Attorney, The Ethics of an Attorney.

 

5. Or should I wait until the ARDC investigation is over.

 

I feel that I have been taken advantage of, I can get a print out from my Transportation to show that I was all Trips that was made to my PoA house and return trips from my PoA house, was this Legal for my PoA to have me doing all that work, misleading me into thinking that I was to clean her house because she was my PoA and she was not charging me to be my PoA. If I can't get an Attorney what legal actions can I bring against my PoA.

 

 

Thank You,

 

Betty Tobler

Expert:  Law Educator, Esq. replied 4 years ago.
You will find an attorney to represent you, this is a tough case to bring yourself. The bar will get you in touch with one and if not you can go into legal aid as well.

2. That would be part of your claims that she was not owed money for being PoA.

3.You would sue under breach of contract and breach of fiduciary duty and not under labor laws.

4.This is not a labor law case, it is breach of fiduciary duty and breach of contract and theft.

5. Get an attorney now, but wait until investigation is over to move on the suit. But you still need to get an attorney now.
Customer: replied 4 years ago.

I was told by my PoA when I meet with her on February 1, 2010 and she informed me about my Estate Balance I questioned it because my figures and my PoA figures were totally different, my PoA than told me that she charged me $18,000.00 to be my PoA and that there was nothing I could do about it because I signed Two agreements to pay her for being my PoA, when I asked to see what I signed I was told by my PoA that she didn't have them available for me, and that she would try to find them for me, I was just given the new PoA that I signed on July 5, 2009 and the PoA contract that I signed in 2002 throught 2008 I thought was just giving her permission to be my PoA, and only to make decisions for me in the event that I become unable to make decisions for myself, could my PoA argue that I signed 2 agreement contract to pay her for being my PoA, would she have to show the ARDC her reason for charging me $18,000.00 or would the fact that I signed an agreement, agreeing to pay her $18,000.00 be a good enough arguement for her. On February 1, 2010 at the meeting with my PoA, after I was told what my Estate balance was, I wrote a letter regarding what took place, my PoA only signed it because I told her I was going to file a complaint against her with the ARDC, the PoA signed it agreeing to pay me back $5,000.00 when I wrote my Complaint to the ARDC I put in my Letter that I disagree with my PoA decision to pay me back $5,000.00 I wanted by $18,000.00.

 

Betty Tobler

Expert:  Law Educator, Esq. replied 4 years ago.
She is going to have to actually prove the agreement by producing the contracts. If she doesn't produce them she can't say anything...
Customer: replied 4 years ago.

I did sign some papers, but what I remember signing was Power of Attorney contracts, the first time I signed paper there were alot of paper's I signed it was informed to me by my PoA that I was given her premission to handle my affairs in the event that I become unable to do so, on February 1, 2010 when I met with my PoA she did not have available for me copies of anything that I signed the first time, not even the two contracts that she said I signed agreeing to pay her, she only had available the second Power of Attorney contract I signed, I have been compairing my Bank firgures to my PoA hand written figures that she gave to me, the dates that she wrote out, do not even compair to my computerized print out Bank Statement, it seem's as if she payed herself in advance, and everytime I needed a wire transfer to make a purchase she would tell me she would take care of it. I would like to know the following.

 

1. Can a PoA have a Client sign two contracts agreeing to pay them, and should'nt the PoA had me sign a Carbon Copy of a Attorney and Client fee agreement with the Attorney's, that's the type of contract I signed with the first Attorney whom handled and settled the case and he was payed his fee's up front $19,000.00.

2. I had Three Court Dates, one was regarding a settlement that I could have worked out myself, I had knowledge of whom to speak with I signed an agreement agreeing to a settlement to make a $5,000.00, I thought all of this was just a one time conversation because nothing was ever told to me by my PoA, she only made me aware of a settlement offer, and I was asked to sign some paper if I agreed, I did, I never knew that the PoA had to go to Court or anything, this is something she claims is the reason why she charged me $18,000.00

3. The other two court cases were personal, I was aware of the first one, when I was under guardianship, I appeared in court with my Case Manager and the other Attorney, and the Judge dismissed the Case. I received a Certified Letter from this persona again and I had informed the PoA about it, not for her to invest time in this matter only to ask her to do a wire transfer so that I could purchase Transportation Ticket to have available for me to attend Court and take care of other matters, she wanted me to fax over to her the Certified Letter that I received, she sent one of the other Attorney whom is employed by her to this Court Date, I could have done this myself and the Court Case was dismissed and the person was told that they could not bring the matter to Court again, this is another reason she charged me $18,000.00, the Third Court case was a personal matter as well, she insisted on handleing this, she sent another attorney there as well, there were two court times the first time was to let the Judge know about the case and I disagreed with the Complaintive, and a hearing was set, the other attorney showed up, both parties explained there reasoning, and the case was dismissed I won, I did all the talking the other attorney did do anything but stand there, I can get the court recording to prove that, this court case is included in her $18,000.00 attorney's fee.

4. Things that she insisted on order for me, I could have made the purchases myself the PoA made that part of her $18,000.00 attorney fees.

 

This is why I'm questioning the Two contract's that she said signed, is it Legal for a PoA to have a client sign Two types of contracts agreeing to pay Attorney fee's, Is it Legal for a PoA have a client sign a fee agreement and not give them the carbon copy. I gave the ARDC a copy of everythng, which was fine, but I want to know will they send to the PoA a copy of everything that I gave to them, I also left with the ARDC copies of my Personal Banking Statement's, and I'm concern that if the ARDC sends copies to the PoA, she would try to use my Banking Statement's for proof of her calculation, because she did not give to me nothing from a Bank showing my present balance, or any open account, not even anything showing the $35,000.00 that was remaiing from my settlement check, the only thing I received from her with Banking information was regarding to Three CD's she open up, and I found out that all Three were cashed before the Maturity Date and in the same year. Can I argue any of this.

 

Thank You,

 

Betty Tobler

 

Expert:  Law Educator, Esq. replied 4 years ago.
It is legal to have you sign as many contracts as they want. The issue here is what those contracts say and there is no law that says she had to give you a copy, you should have insisted on one when you signed them.

The CD's she is going to have to answer for and also would be liable to pay the penalties to you for the early withdrawals.
Customer: replied 4 years ago.

Hello Mr. Paul MJD,

At this time I'm currently awaiting to here from The American Bar Association in hopes that an Attorney could Represent me with the matter concerning my PoA, I mention to you that I sent my PoA a Noterized Letter on February 3, 2010 informing her that I have Revolked her as my PoA, after meeting with her on February 1, 2010 and after fileing a Complaint with the ARDC on February 2, 2010. It was confirmed with United States Postal Service on February 4, 2010 by using my Tracking Nurmber, that an attempt was made by The Postal Service to deliver the Mail to my PoA but with any success and a Notice was left by The Postal Service at my PoA address informing her of a Mail to be picked up, I spoke with a Representative from The Postal Service on February 5, 2010 and was told that the person had 5 Day's to pick up the Mail or the Mail would be returned to the Sender (Me), I would like to know the following.

 

1. If my PoA doesn't pick up the Mail at the Post Office and the Mail is returned to me, how would she know that I have revoked her as my PoA.

2. I have sent a copy of the Noterized Letter to all other Institutions that I'm aware of that have communicated with my PoA in the past and I attached a Letter to the Noterized Letter asking the Institution to please not have anymore communication with my PoA, as it relates to me. Could my PoA still communcate with the Institutions although I have communcated with them and asked them not to.

3.How long does my PoA have to return my items to me that she has in her purcessions that relates to me.

4. I have email's from my PoA that relates to her wanting me to come to her House and do Office Work and House cleaning for her, which she has alway's told me that I should want to them those things because she's doesn't charge me to be my PoA, so this is why I did those things, CAN I USE THOSE EMAIL AS PROOF THAT THIS IS WHY I DISAGREE WITH HAVING TO PAY MY PoA $18,000.00 in Attorney Fee's. I also have communcated with my Transportation an requested a documented History Report of Trips that will show that my Transportation to and from my PoA, can I use that as Proof to show that I was going to my PoA hous staying for 3 to 4 day's, I also have email from my PoA, asking me to get Doctor Precribed Medication for myself but than give them to her so that she doesn't have to pay for them herself, I have actual Email from my PoA, asking me to do these things, my other proof that I was going to my PoA house is that I have one of the Medications that I was precribed at a Walgreen's in the area of my PoA house, in my Name but with my PoA address on it.

 

I'm asking is all of this information that I have could be used as proof as my Argument to why I don't feel I should have to pay my PoA, $18,000.00, althought I was told by my PoA that I signed two statements that I agree to pay her, even though I never received a copy of such on February 1, 2010 when I meet with my PoA, I also have many emails asking my PoA to meet with me and give to me copies of everything including copies of the PoA contract that I signed, which was the only thing I thought I sign and I have returned emails from my PoA, telling me that she would as soon as she get's time and giving me all other kinds of excuses.

 

Mr. Paul MJD with all that being said do I have any Proof.

 

Betty Tobler

 

Expert:  Law Educator, Esq. replied 4 years ago.
1. If the item is returned to you because she doesn't pick it up. Resend it priority mail with "delivery confirmation," which is where they simply deliver it to her address and provide you with a confirmation that it was delivered and this combined with her refusal to pick up the certified letter would be sufficient proof she received it.

2. The PoA can still try to communicate with them and if they give her information after you have instructed them the PoA was canceled, then you could sue the institutions for breach of their privacy policies.

3. If you did not specify a time to return the items, then it is a reasonable time which is generally not more than 30 days. If you have to send the letter again, you can specify in the letter to return the items "within 10 days of receipt of the letter" and the date of receipt would be proved by your delivery confirmation notice.

4. Those emails would be good evidence in your case.
Customer: replied 4 years ago.

I didn't specify a returned Date asking my PoA to return the items that she has in here care as it relates to me, I only ask that she return them to me,in the event that she does return everything to me, and my Finacial Amount is not what I agree to, does this mean that she doesn't have to explain to the ARDC about my Estate Balance and show to the ARDC proof of what she did with my Money, I had asked you where would I find the Law's and Ethics and Responsibility of an Attorney that's someones PoA, I looked through my communication letter's to you and Your reply's to me, and I couldn't find them, I may have over looked them, Mr. Paul MJD could you please give me that information again, I'm trying to get togeather as much information to prepare myself for the investigation that I have filed with the ARDC against my PoA so that I'm prepared in case I don't have an Attorney to help me.

 

I feel that my PoA acted very unprofessionally and I have been wronged by her, in many way's and I want to have as much evidence as I can including the Moral's, Ethics, and Responsibility that an Attorney have and the working relationship they should have with there Client, I want to be able to not just show proof as to why I shouldn't have to pay her the amount of Attorney fees she's charging me, but I want to be able to summit to the ARDC what the Law's of Ethics and Responsibility of an Attorney is and I'm sure there aware of that and that's why there doing an investigation, People are taken advantage of Everyday, but Seniors and People's with Disabilities ( such as myself ) are the one's that are taken advantage even more, and as I said I want to be prepared and ready, I feel that the way my PoA treated me was totally wrong.

 

I also want to say to you Mr. Paul MJD, I really do appreciated all your help, had I known about Just Answers long time ago I would have been able to protect myself from any of the things that happen, I alway's felt obligated to do all these things for my PoA, because I was constantly told I should'nt have a problem doing them because she was my PoA and she wasn't charging me, another reasong why I want the Law's and Responsibility of an Attorney, because my PoA is an Attorney and I'm afraid that she would over power me with her knowledge, she's over powered me in the past.

 

Betty Tobler

Expert:  Law Educator, Esq. replied 4 years ago.
If your PoA is also an attorney, you also need to file a complaint with the State Bar Office of Disciplinary Counsel for her taking money from your accounts that she was not entitled to take and for not providing you with any bills for the money she claimed you owed her for being your PoA, both of which are violations of the Rules of Professional Conduct. You should also report the theft of money to the District Attorney's office for possible criminal charges.
Customer: replied 4 years ago.

I just called 411 directory for the Phone Number to The State Bar Office of Diciplinary Counsel and there's not listing of that in Chicago Illinois, do you have a Web-site listening for The State Bar Office of Disciplinary Counsel, and is the Distric Attorney the same as the Attorney General or is that someone or something different, under what Web-site could I find the Rules and Regulations an Attorney or PoA requirements to there Clients, and my PoA is an Attorney. I want to research the Ethical conduct that an Attorney must provide to there Client, and what an Attorney that's someone's PoA cannot do with there Client, I'm try to get information that will say that it's is unethical for an Attorney acting as someone's PoA to have them in there Private Home doing the things that my PoA had me doing, something that I would be able to show my PoA have acted unproffesionally.

 

Betty Tobler

Expert:  Law Educator, Esq. replied 4 years ago.
Here is the link to the Office of Disciplinary Counsel: http://www.iardc.org/index.html
Customer: replied 4 years ago.
<p>I found a Link by going throught Google as well regarding the ARDC, it gives a whole list of links regarding the Code of Ethics and Responsibility of an Attorney, I've looked at several other web-sites on other links by just asking certain questions on the Google web-sites, and found information regarding an Attorney that a PoA, there responsibility as a PoA to there Client, it even give information about the PoA, responsibility to there Client being aware of how the PoA is spending the Clients money without the Client being aware of it.</p><p> </p><p>Mr. Paul MJD, Thank You so Much, I have a lot of great leads, to start preparing myself, also an Attorney from the ARDC called me just a few minutes ago to return my call, I was told that whom my Case was assigned to, and that they had already received my letter in the mail informing them that I have dismissed my PoA and they will send to her a Copy of that letter along with my letter of Complaint to her so I shouldn't worry about her getting it, but in the mean time that I should try to protect all my Essets, by call all the Institutions that my PoA have contact with regarding myself, so for the Weekend I plan to go through each link regarding the Responsibility of an Attorney, collect all my email and everything else as my proof of why I feel I shouldn't have to pay her, I'm going to also make a list of questions that I want the ARDC to have my PoA, send to them, so Mr. Paul MJD again Thank You so much, and Have a Great Weekend.</p><p> </p><p>Betty</p>
Expert:  Law Educator, Esq. replied 4 years ago.
Thank you and best of luck to you on this matter.
Customer: replied 4 years ago.

Hello Mr. Paul MJD,

I received an Email from one of the other Attorney's whom is Employed by my PoA, informing me that he and my PoA is going to send to me the a check with the rest of the money that's remaining in my Account, a Check for the Medical Set aside that I received from the Settlement, and a check for $5,000.00 which is what my PoA said she would pay me back, Mr. Paul MJD I never agreed to the $5,000.00 repayment, and the email also ask me about if I wanted them to keep my House in trust or just turn that over to me as well and I can put my House in trusted deed myself, the email also informed me about a matter that my PoA and the other Attorney was handling and on February 1, 2010 they were going to have me sign some paper's that if I win they would get paid, Mr. Paul MJD I need to know the following.

1. If I don't agree with my PoA repaying me back $5,000.00 do I have to except that when they return everything back to me.

2. Should I reply back to the email and tell them that I'm not excepting the $5,000.00.

3. Should I inform the ARDC about this email.

4. What should I do if they send me back everything, I don't agree with what my Finacial Balance is.

5. Can my PoA send to me everything even if she did not show me Banking statement with Leads to how she spent my Money, and what she did to charge me $18,000.00 in Attorney Fees, including the fact that she I never received or to this day saw a Copie of the two contracts she said I signed agreeing to pay her Attorney Fees.

 

I did want her to return to me everything that she has in her percession as it relates to me, but what do I do about my dispute, regarding the Attorney Fee's, and everything else that I complained to the ARDC about, do I have to respond to there email to me.

Expert:  Law Educator, Esq. replied 4 years ago.
1. No your do not have to accept it and should send an email stating you expect payment in full and that is not $5000 it is more and that won't be known until you are given a full accounting.

2. Send her an email telling her "I do not agree that $5000 is payment in full and dispute this amount and I will not accept such a payment."

3. Send a copy to ARDC and tell them you do not agree to this.

4. Send them back the checks with a letter telling them this is incorrect and you do not accept their offer of the money, but will keep all the records since those are yours and you will have an accounting made and inform them later of the amount they owe you.

5. She can send it but you can return the money without returning the records and just tell her the money is not accurate and you will not accept it until you have a full accounting and full disclosure.
Customer: replied 4 years ago.

The email that they sent to me also included sending me a check for the remaining of my Balance, Plus a Check for $5,000.00 and an Additional Check for $5,000.00 of Attoney Fee, I don't agree with my Accounting Balance, nor do I want to except any of the $5,000.00. Can I ask for my Former PoA and her staff Attorney for the Following in my email to do, I don't want to do anything wrong to damage my Investigation with the ARDC.

1. Can I ask for a Full Accounting of my Balance, to show how my Money was spent, including copies of returned checks.

2. Can I ask for Copies of Both Contract that my Former PoA Claimed I signed so that I can see how she charged me $18,000.00.

3. Can I ask for Court Records and Dates that will show how often she went to Court regarding taking Care of Business for me.

4. Could I ask them to send me Phone Records showing me how much time she spent on the phone doing things related to me.

5. Can I ask for copies of any Deed's and Trust regarding the Estate of my Home.

 

Mr. Paul MJD, when you and I first meet I contacted Just Answers because I had problems with The Chicago Police and My Brother, all Charges against me were Dismissed, I was given a 6 Month Order of Protection against my Brother, and my Brother is now serving 6 Year's for other Charges not related to me. I had Attorney's from CGLA that represented me throught the entire matter with my Brother. My former PoA wanted me to send a Letter regarding everything that happen, and any Police Reports regarding all the Court Date, so that she could put everything in my Client Filed, I sent everything she requested to her and the other Attorney by Fax. That was the first and only time that my Former PoA, asked me anything regarding the Police matter, there was never any mention of filing a Law suit against them, and my Former PoA only ask me to send those things to her in December 2009, In the email I received from my Former PoA and the other Attorney, they mention that when I meet with my Former PoA, they were going to have me sign a Contengecy Contract to file a Suit against The Chicago Police and I would not have to pay them unless I win, neither of them had ever talk to me about filing any Suits, I'm aware that I had every right to Sue the Chicago Police, but my Biggist Payment was Forgiveness, I started seeing a Counselor which was recommended by my Neurologist, I recovered from that Tragedy, I set Goals for myself, I started Living my Life, the Attorney's that was representing my from CGLA, started the Process of getting my Records expunged, I received back from the State Police, that they do not have any Objections to any of the Charges, I moved forward in Life, and now I'm returning to School, because of what happen I was put back on Seizure Medication, I have been taken off all Medication, I was determine to get back on Track and I did, I was told in the Email, by my Former PoA and the other Attorney that I need to allow them to represent me in the matter with the Police because the Statue to file a Suit against the Chicago Police is one Year and my one Year will be up February 27, 2010 Mr. Paul MJD I need to know the following.

1. The matter with the Police is one of the reason my Former PoA told me she charged me $18,000.00 because of time invested in the other Attorney getting things ready to file a suit against the Chicago Police, I never knew they were doing that, I never meet with any of them to talk about that, nor did I sign any paper agreeing to pay if I win. Could she make part of her $18,000.00 fee, The Chicago Police if I never meet with them and I didn't sign any Paper's.

2. When I request that they send to me a Full accounting of my Balance and everything else I request, will my Former PoA still have to send to the ARDC information showing my Accounting Balance and how she spent my Money and the things I requested as well.

The email also said that they both want to make things as easy on my as possible without having to explain anything.

 

Betty Tobler

Expert:  Law Educator, Esq. replied 4 years ago.
I think you need to pursue this through the ARDC and you need to file charges against her for theft once you go through the financial records. She will need to PROVE the amount of time invested in preparing for a suit against Chicago Police and this is something that would come out in the investigation. Continue working with ARDC and she is going to have to send them all the proof she sends to you as well. They want to make it easy without explaining because they have done things they cannot explain and they know it.

You are entitled to ask for everything she has, everything pertaining to you and your estate/assets/debts. She will have to provide a full accounting showing where all the money went and she will have to provide copies of all contracts/suits/agreements signed by you or by her on your behalf.
Customer: replied 4 years ago.

Mr. Paul MJD,

I'll send them an Email, asking a Full History of my Accounting Balance, all Bills Paid, Copies of All contracts I signed, and everything pretaining to my Home that they put into Trust. I will let them know that I do not Agree with nor will I except any repayments of either of the $5,000.00 offer from my Former PoA. They even included Dates that they will send Checks out to my House by Fed-Ex for the remaining Balance of my Account and Two other dates for repayments of Two Checks for $5,000.00 so I will sent them both emails, and I will send to the ARDC, a copie of the emails.

 

Thank You So Much, Mr. Paul MJD,

 

Betty G. Tobler

Expert:  Law Educator, Esq. replied 4 years ago.
You need to tell them you will not accept any funds from them without a full accounting of your estate over which they had control and proof of all expenditures.
Customer: replied 4 years ago.

Hello Mr. Paul MJD, I sent an email to the Two Attorney's, my exact Words to them were, "I AM NOT EXCEPTING ANY MONEY, I WANT TO SEE AN ACCOUNTING HISTORY OF HOW MY MONEY WAS DISTRIBUTED TO WHOM, WHAT, WHEN, WHERE & HOW, SINCE THE TWO OF YOUR WERE IN CHARGE OF HANDLING MY MONEY".

I received an email from the other Attorney asking to meet with me on February 9,2010 and they would have everything available for me including the Check for $5,000.00, a Check with the remaining amount of my Balance and an Additional $5,000.00 to take care of the problem.

 

Mr. Paul MJD, do I have to meet with them, can I just not even communicate with them anymore and just let the ARDC handle everything, or if I don't meet with them they can say to the ARDC that I wouldn't cooperate. What rights do I have now.

 

Betty Tobler

Expert:  Law Educator, Esq. replied 4 years ago.
You do not have to meet with them without new counsel, which you should get now. Also, notify the ARDC and ask if they can attend with you. If ARDC cannot attend, then you really now need to get an attorney there and need to invest your time on finding one that specializes in professional malpractice law. You can find one at http://www.martindale.com. It would be worth paying them the $250-$300 per hour to attend the meeting and review everything for you to determine whether or not everything is in order and to advise you before you sign any releases which I am sure the PoA and her other attorney will want you to sign.
Customer: replied 4 years ago.

O.K. Mr. Paul MJD, I wrote down that website, and it would be worth my time to invest about $300.00 to have an Attorney help me with everything, and I have some leads on other Agencies, I found a Listing of Agencies on The Attorney General Web-Site, of Lisa Madagen, there's a list of Agencies that offer Legal Services for People's with Disabilities, whom have Finacially abused, On Monday I will go throught the list and contact them all, I strongly beleave that my Former PoA have done some things that she's aftraid she would get in trouble, so I'm not going to even respond but I have been assigned an Attorney from the ARDC, I'm going to contact them on Monday as well.

 

Thank You Mr. Paul MJD, I'll be in touch, Have a Great Weekend.

 

Betty Tobler

Expert:  Law Educator, Esq. replied 4 years ago.
Yes, go through those agencies as well and do what you can to get someone to go with you, I would not suggest going alone to that meeting. In fact, I urge you not to go alone no matter what.
Customer: replied 4 years ago.

Hello Mr. Paul MJD, I received another Email from my Former PoA and the other Attorney asking me to contact them regarding the meeting on February 9, 2010 in which I will not be attending nor will I respond to either of them, I have been doing some search and I came across a Power of Attorney contract, that details how a Power of Attorney charges there Client, it actually explains in the contract how a Client is charged for Phone Calls, Court Fees, and other Fees, I also found a section on the Internet giving details of how a Power of Attorney is suppose to handle a Clients Money, every Month the Power of Attorney is suppose to send to their Client a Billing Statement detailing how there Money was spent including informtion telling the Client how much Attorney fees they were charged, Mr. Paul MJD I never received any Monthly Statements like that throughout the entire Two Years, my first time ever receiving anything from my Former PoA was February 1, 2010. I would like too no the following.

1. Was the Power of Attorney suppose to send to me a Statement every Month telling me how much of my money was spent and her Attorney Fees.

2. My former Power of Attorney had me cleaning her House and doing office Work, althought I didn't sign anything agreeing to do the Work for Her, the fact that she constantly told me that I shouldn't have a problem cleaning her House and doing office work for her because she doesn't charge me to be my Power of Attorney can I use that as the reason why I shouldn't have to pay her $18,000.00 in Attorney Fee's, I have emails as proof of my Former PoA, wanting me to clean her house and do office work for her, including a log of print out trips to and from her house using my Transportation, couldn't I also use that to show my Power of Attorney Unproffessional behavior.

3. My Dad signed a quick claim Deed, over to me because I had a Power of Attorney that doesnt me I gave my Property to her does it, because my former PoA told me in the emails that my House was IN TRUST and asked me do I want them to keep my House IN TRUST or just turn everything over to me and I can take care of that myself, I never did a Quick Claim Deed turning my House over to my former PoA, I only signed the PoA contract giving her PoA over me in the event I'm unable to make deceision for my self.

Can I also use the fact of my Former PoA involvement in Illegal Activity as a reason why I should not have to pay $18,000.00 in attorney fees, because doing the Illegal Activities resulted in my former PoA making Bad decisions on how she spent my money, she put me in very dangerous situations because she used Illegal Substances while driving a Motor Vehicle and I was in her Vehicle with her as well, I never wanted to ever have to mention any of this, but if I would not have ever been made aware of it, I wouldn't have ever know and I would have never became concerned about my Finaces, althought I alway asked to go over my Finaces, but after everything that I witness I became very suspicious.

Expert:  Law Educator, Esq. replied 4 years ago.
1. Yes, she should have been providing you an accounting each month of expenses and charges she was charging you. Like I said above an attorney is responsible to give an itemized statement on the client's account.

2. She was making you work based upon your belief that she was performing the PoA services for you without charge. In other words you were swapping your work for her being PoA. Since she is charging you for her work, she has violated the Fair Labor Standards Act for not paying you wages for work performed. What you should do is prepare a detailed statement of all the days and hours worked and file this complaint with the department of labor's wage and hour division.

3. All of her breaches of fiduciary duty to you are grounds to deny paying her the money she is claiming she is owed.
Customer: replied 4 years ago.

Mr. Paul MJD,

My Father did a Quick Claim Deed, Deeding the House over to me, in the Email I received from my Former PoA and the other Attorney, they stated to me in the Email that my House was in Trust, and asked me if I wanted them to take my House out of Trust and Deed it back to me, does this mean that my Former PoA, could have or did a reverse Quick Claim Deed, removing my Father off the Quick Claim Deed as the way it was originally, the Mortgage is in my Father's and my Name, my Father passed in 2005 and I pay the Mortgage now, could she have done something like that and if so, does that mean that I'm not the rightful owner of the House now.

 

Betty Tobler

Expert:  Law Educator, Esq. replied 4 years ago.
No, a trust is a legal device used to keep the house for you but to prevent creditors from coming after you and taking your house. If she placed the house in a trust for you, then this is likely a good thing if she did it properly.
Customer: replied 4 years ago.

Mr. Paul MJD,

I'm hoping my Former PoA, put my House into Trust Properly, and I have everything pretaining to all the Work I done for her, I will contact the Department Wages and Hours Division.

Mr. Paul MJD,

Did I break any Labor Law's by doing all this Work for her in exchange for her being my PoA. Did I as a Client of her's have the responsiblity to contact The Department of Labor and tell them that I was working for her.

 

Betty Tobler

Expert:  Law Educator, Esq. replied 4 years ago.
No, it is not unlawful to work in exchange for services in that manner. But when the other party does not provide the services in exchange or tries to charge you for them, then it is unlawful on their part to not have paid you for those services.
Customer: replied 4 years ago.

Hello Mr. Paul MJD,

Today I received a Letter from the ARDC, informing me that they received my Communication, and whom is my assigned Contact Senior Counsel, and the ARDC informed me that they will request that my Attorney submit a response to the matter that I have raised, and the ARDC will send a Copy of the Attorney's response to me for comments and then they will determine whether further investigation is warranted.

 

In the mean time, my Transportation has put in the mail to me a Computerized Copy of all my Trip for the entire Year of 2009 it will include every Trip made to and from my Former PoA house, when I was picked up from my Home by my Transportation and taken to my Former PoA House I would stay 3 to 4 Day's overnight and I would be picked up by my Transportation from my Former PoA house and returned to my house. I did this for the entire Month of July 2010, until I felt my Life was being put in danger, by her Son's illegal Activities and I decided I no longer was going over there, I have an email that I sent to my Former PoA and I informed her about how I was feeling about comming to her House Every Week staying for 3 to 4 Day's at a time, cleaning her House over and Over and I was only suppose to just help her with office work, but she also had me cleaning House. Could my Former PoA use the fact that I stop comming to her House as a reason to say I didn't keep my end of the Bargain, or could I argue the Dangerous situation that I was in and I didn't feel compatable with that or my Former PoA behavior with the thing she was doing and I was tired because my Former PoA had me cleaning her house everyday I was there from the time I got there until sometimes past 9:30 and I did the same cleaning over and over again, repeatly. I need to know the Following Please.

1. Does the Department Labor Wages and Division give to someone a Letter telling them that they were never filed as an Employee by their Employer, I wanted to know that so I can attached it to my responds to my Former Attorney respond to the ARDC.

2. Athought my Former PoA and I did not put anything in Written stateing that I will Work for her in exchange for Attorney Fee's and I signed agreeing to pay her, and she charged me $18,000.00 couldn't I say that all the work I did is worth $18,000.00 how could someone calculate there work is it Legal for me to put my own Price on how much I charge, or do I have an arguement.

3. Since my Former PoA never sent to me a Monthly Statement reguarding my Finaces, could she say that she did, and if she does say she did, could I ask for proof as such as something from the United States Postal Service, Fed-Ex, The United States Parcel Service, something showing that she sent Montly Statements to me and I signed for them.

 

Betty Tobler

Expert:  Law Educator, Esq. replied 4 years ago.
1. You would make your allegations of working to the Department of Labor's wage and hour division with your proof and then they will send a notice to her telling her a complaint was filed and make her prove you were not working for her. She is going to allege you volunteered as a gift and you would use the emails she sent telling you to work there.

2. The amount you would be due would be what the average cost is for that type of labor in your area. Generally this would be somewhere about minimum wage or a little more if there was no wage set. The department has the average wage for house cleaning in the area to make the determination if you set the wage too high. But reasonable wage for this could be $15-$20 per hour and that is what you should claim and then let them knock it down if you are too high.

3. She can try to say she did, but she would need more proof than her word.
Customer: replied 4 years ago.

Mr. Paul MJD,

Because of my Disability would I contact the American Disability Act Labor and Wages or would I file my Complaint with the Illinois Department of Labor, which one would I file with and could I file my Complaint while the Investigation is going on with the ARDC.

If she were to say that I volunteered to do all of this, wouldn't it be Unethical to for an Attorney to have there Client work for them., and charge them Attorney Fee's isn't that disloyalty to a Client. Isn't that taken advantage of someone. When I respond to the ARDC complaint to dispute my Former PoA, reasoning to my complaint I filed with the ARDC how long can I disagree is there a limited time that an Investigation last.

 

Betty Tobler

Expert:  Law Educator, Esq. replied 4 years ago.
You file with the wage and hour divisiion with the department of labor. If she would say you volunteered you would indeed claim you never volunteered and you were doing the work with the understanding that it was a trade for her being the PoA, and since she is charging you for being PoA, you are entiled to pay for th work.

The complaint with ARDC will tell you how long you have to respond to her dispute of your complaint. The ARDC investigation will give your PoA 30 days to respond and then they will send you notice and tell you how long you have to dispute the allegations, but it is usually 30 days.
Customer: replied 4 years ago.

Mr. Paul MJD,

I asked in my Complaint to the ARDC for my Former PoA to give informtion for the following and I want to know would she have to provide to the ARDC the following,

1. All Banking Information regarding my Money.

2. Since she use her Credit Card to purchase Items for me I ask that my Former PoA to show a History of her Credit Card statements that shows were she made purchases for me from 2007 to 2010.

3. I asked in my Complaint to the ARDC that my Former PoA, show everything that she billed me for and how she charged me.

4. I asked the ARDC in my Complaint to have my Former PoA, show the two contracts that she said I signed agreeing to pay her.

Does my Former PoA have to do any of that, or can she refuse to do any of what I asked the ARDC for in my Complaint, and if she does show how she charged me can I disagree with that in my response and attach all my proof., I asking now because I'm getting everything ready for my response now.

 

Betty Tobler

Expert:  Law Educator, Esq. replied 4 years ago.
Yes your PoA has to do all of it and if she doesn't ARDC will sanction her and you would be headed to court, you would need your own attorney for your malpractice and breach of fiduciary duty claim against her.
Customer: replied 4 years ago.

Hello Mr. Paul MJD,

I've been searching the internet Links I found and I can not find What a Power of Attorney's Obligation to their Client is, I even checked the Links on the ARDC web-site and I didn't find anything, I would like to know what will I look under at the Law Library I'm going to go Downtown to the Daley Center but what will I look for I want to attach that to my response to the ARDC. I have a Form that a Power of Attorney should give to their Client when they become a Power of Attorney it explains to the Client the way the Power of Attorney charges there fees, I'm going to attached that to my response to the ARDC as well I would like to know the folling Please.

1. I'm going to the Daley Center Library what would I look under to find information about a Power of Attorney's obligation to there Client.

2. What would I look under to find The Proffessional, Ethics of an Attoney, and information that will tell me what an Attorney can and can not do without their Clients approval (Signature) and an Attorney Code of Proffessional Ethics towards their Client, where would I find what's concedered Misconduct for an Attorney.

3. What is Fiduciary Duties

 

Thank You,

 

Betty Tobler

Expert:  Law Educator, Esq. replied 4 years ago.
The duty of a power of attorney IS a fiduciary duty and that is what you need to be researching. The fiduciary duty of the PoA is limited by the terms contained in the PoA, but it is a fiduciary duty to properly maintain your accounts and records and to make business decisions in your best interests. The PoA does not need your signature to act on your behalf. Once you have given the attorney your PoA the attorney is obligated to act in your best interests and in a prudent and businesslike manner, but does not need your approval or signature on anything else they undertake on your behalf.
Customer: replied 4 years ago.

Mr. Paul MJD,

I now understand I'm going to research the Word Fiduciary to show that my Former PoA did not act Professional, and her behavior lead her to do unethical things, after I research I will print things out to attach to my response to the ARDC, I did find informtion regarding a PoA duty to their Client, along with all the emails I have, and the Invoice that my Transportation is sending to me in the Mail, I feel I have a very strong argument as to my reasoning for not paying her.

 

Thank You Mr. Paul MJD, I'll be in touch.

 

Betty Tobler

Expert:  Law Educator, Esq. replied 4 years ago.
In addition to all the research you are doing, you really need to be looking for a new attorney to represent you here and you should be looking now because it may take you a little time. The social services office for persons with disabilities may help you finding you an attorney.
Customer: replied 4 years ago.

Mr. Paul MJD,

I called the place I did call back because I haven't heard anything, one of the Place informed me that an Attorney tried to call, she repeated my phone number to me, and it wasn't my phone number, she told me the Attorney that tried to call me back wasn't in at the moment but she took down the correct number and said she would have an Attorney contact me, I've only made notes for myself to respond to the ARDC, I'll hire an Attorney to do the rest, and I'm sure I'll have one soon. I asked the Receptionist about there Fee's I was told that they go according to a person's income, that's also a good thing, I received another email from my Former PoA asking to meet with me on February 11, 2010, so I called the Senior Counsel at the ARDC that I'm assigned to and was told that I did not have to meet with my Former PoA or the other Attorney, but to send to them all emails including the one's I received from my former PoA since I've filed my Complaint with the ARDC. I wasn't told by the ARDC that they sent anythig to my former PoA, but my guess is they did and that's why she wants to meet with me on February 11, 2010. If I don't hear back from the Attorney from the place I called today I'll call again tomorrow.

 

Betty Tobler

Expert:  Law Educator, Esq. replied 4 years ago.
This is all great news and you are on the right track here. Stay on this path and you should be fine.
Customer: replied 4 years ago.
<p>Hello Mr. Paul MJD,</p><p>Since I last communicated with you I have been in contact with several Attorney's, some were not able to help me, and the other's basically said to me the samething, that they would be willing to represent me after the ARDC investigation, I actually meet with one Attorney for a free consultation, and was told that he would Represent me after the Investigation with the ARDC, but not to be my PoA, but he would help me do a Will & Trust but before that could be done depends on how the investigation with the ARDC turns out, and if the ARDC decides to investigate my Former PoA he would then step in to take my Former PoA to Court to get back my Money, I should the Attorney all the Emails with my Former PoA asking me to come back to her house to help her, and was told that everything that I have showing that I worked for her in exchange for not paying her Attorney Fee's would benifit me, and to send all my evidence back with my response to the ARDC, I was also told that the amount of fees my Former PoA is charging me is very expensive, and she would have to show everything she did to charge me that amount of Fee's and I should have been made aware of that in the beginning, not after Two Year's. I was also told that my emails to my Former PoA, shows that I have repeatly asked to meet with her and go over my Estate, and it show's my concern. I haven't received anything back from the ARDC at this point, the Attorney I meet with told me that he would charge me a very small fee to do the Will & Trust, and he would represent me with my Former PoA, if she disputes her fee's, but the fee would be different I would only pay if I win, I was told to cantact him when I receive the final contact from the ARDC and we would go from there, but I should not speak with my Former PoA, or agree to meet with her. I showed the Attorney, all the things that my Former PoA gave to me when we meet on February 1, 2010, he could not beleave that she actually gave me figures written down on paper, and not actual bank statement showing a trail of disbursements on how she spent my Money, I was told that a PoA can charge there Client fee's but the fee's have to be reasonable, and every Month I should have received a Invoice showing me how my money was being spent and it should have included the Attorney fee's with details of how she was charging me, and I could have had the chance to agree or disagree and that would be one of my main arguments to why I don't want to pay her, along with I worked for her because in exchange for fee's, the Attorney asked me how long did I work for her, I informed him that I worked for her for 3 to 4 Day's in the Month on July 2009, but because of the thing she had me doing was to much for me and I wasn't able to keep doing that type of hard work due to my Disbility and I wasn't doing what she and I had agree on which was office work, and the situation which my Former PoA put me in it was to dangerous, the Attorney ask me if I could prove anything about the Danger of going to the Attorney's house and I told him about her Paralegal refuse to continue working there, because there was an attempted Burgery while the Paralegal was leaving and the Paralegal filed for her Unemployement because my Former PoA put her in an unsafe working enviroment, I was asked by the Attorney how was I aware of that, I told him that my Former PoA, told me that some Guy's were aware that her Son was selling Drug's and knew her Son had lot's of Money and that had planned to Rob them, I was told by the Attorney that would be part of my Proof as to why I stoped coming and he read my Complaint that I summited to the ARDC, and told me that the ARDC will look at that as breach of contract by the PoA because she allowed unlawful things to take place in her home and place of Business, I was told that I shouldn't worry I had did the right thing, and I was told that if my Former PoA try to say she paid me in Cash for the work I did, she would have to prove it, and my Former PoA was suppose to contact the Labor Department, also I showed to the Attorney, that my Former PoA took Money out of my Estate, to pay a Bill form the Hospital, rather than taking it out of my Medical Set-Aside, and I was told that my Former PoA would have to put that Money back in my Estate, and that as well as everything else would show her Misconduct, and her carelessness to how she was handling my Money. I would like to know the Following Mr. Paul MJD,</p><p>1. After the Investigation with the ARDC, do you think I should have this Attorney Represent me.</p><p>2. What is suppose to be done with my Medical Set-Aside, althougt the Attorney said he would do a Will & Trust for me, he and I did not discuss what's exactly suppose to be done with it, what if my Former PoA spent it, will I have to pay that Money back, I have Medicare & Medicade Insurence, because I was never told from my Former PoA, anything about the Policy of the Medical Set-Aside, I was only aware of the Amount.</p><p>3. Since I already have Medicare & Medicade what am I suppose to do with the Medical Set-Aside, doing the meeting on February 1, 2010 I didn't receive anything regarding the Medicare Set-Aside from my Former PoA.</p><p>4. Will it be O.K. to pay the Attorney whom want to help me after the ARDC Investigation a small fee to do a Will & Trust.</p><p> </p><p>I was also told by the Attorney that because my Former PoA was knowly and Aware that she was Representing a Client with a Disability that she has violate my Rights under the ADA and that it is the Ethical Responsibility of an Attorney to report such Miscondut.</p><p> </p><p>Mr. Paul MJD, sorry for such a long speech but I wanted to share with you everything that has been going on I look forward to your reply.</p><p>Thank You in Advance.</p><p> </p><p>Betty</p>
Expert:  Law Educator, Esq. replied 4 years ago.
This attorney you met with sounds like they do know what they are talking about and it sounds like they would do what you need done. You should consider using this attorney and paying to get the trust set up and he will handle the set aside as well. You are going to have to wait for the ARDC to complete the investigation but you need to send them all of your proof as the attorney told you. If your former POA spent the money he will sue her to get it back.
Customer: replied 4 years ago.

Mr. Paul MJD,

After the ARDC Investigation is over and the Attorney Represent me, and set up my Will & Trust, I would like to know the following.

 

1. I only want a Will & Trust set up, I don't want a PoA anymore, can someone with a Disability choose to not have a PoA, or do I have to have a PoA because I have a Disability.

I live alone, I know longer receive any Home Care Service, I know longer attend any Day Programs, and I'm no longer on any Medication, but I'm still under the Care of my Neurologist and General Medicine Doctor's, I take care of all my Fincial Responsibilities, I do everything for myself, and I wanted to know because I terminated my PoA, whom was not a Court Appointed PoA, could I just have a Will & Trust.

Betty T.

 

Expert:  Law Educator, Esq. replied 4 years ago.
You do not have to have a PoA as long as you are found mentally competent to handle your own affairs. The will and trust can be set up and you can name a PoA in there who can take over only in the event you become medically incapacitated or you do not have to do that, it is up to you.
Customer: replied 4 years ago.

Hello Mr. Paul MJD,

I have spoken with The ARDC, because I have called the United States Postal Service, and after giving my Trancking Number again, the message from the US Postal Service is that they have made Two attempts to deliver my Letter that I sent informing my Former PoA, of her dismissal, the US Postal Service attempted on February 4, 2010 and February 13, 2010 without any success, the Lawyer from the ARDC informed me that they sent to my Former PoA, a copy of the Letter that I sent to them dismissing my Former PoA, so she is aware of that, I shared with the Lawyer that I had received several emails from my Former PoA, informing me that she will send me all the information that I requested on Three different Dates including $5,000.00 on one Date and an additional $5,000.00 on another Date, I informed the Lawyer from the ARDC that I refused to accept anything because I had not agreed on anything, I was told that was my choice, the Lawyer from the ARDC, told me that my Former PoA had until February 25, 2010 to respond to there request and at this time they had not heard anything from her or received a response, the ARDC told me that if they don't here from her by February 25, 2010 they will send out another respond to her, and if she still doesn't repond they will have her Suppenoed, I was told by the Lawyer that they asked for my former PoA to send them a complete break down on how my Money was distributed, information regarding CD's, Trust, Bank Account, and detailed informtion regarding her fees. I was also told that if my former PoA respond, I would than be able to comment on the respond and I could come into the ARDC and they will help me with my respond, I was also told that when a Client files a Complaint against any Attorney such as the one I filed the Attorney usually obtain a Lawyer, Mr. Paul MJD, I would like to know the followong Please.

 

1. How Long does an Attorney have to respond to a Complaint made to the ARDC.

2. It was never explained to me by my Former PoA, what I'm suppose to do with the Medical Set-Aside, what am I suppose to do with the Medical Set-Aside. (The Attorney that will help me after the ARDC Investigation is over, is out of Town and he want be available until April 2010) and when my Former PoA turns everything over to me, I need to know what I'm suppose to do with the Medical Set-Aside.

3. What if my Former PoA turns everything over to the ARDC, but don't explain what happen to my Money and show where I signed aggreeing to pay her Fee's.

 

Thank You,

 

Betty T.

Expert:  Law Educator, Esq. replied 4 years ago.
1) If your PoA does not respond after their second attempt, then the subpoena would give her usually 30 days to respond before they sanctioned her and pursue her in court.

2) Until the attorney helping you is available you take the medical set aside and keep it in a separate bank account and use it for nothing but medical expenses and keep accurate records on how it is spent if you need it. The attorney would likely place it in some form of trust for you to protect you and the money better, but he will decide that after looking at your entire situation.

3) If she cannot prove where the money was legitimately spent, then they will charge her with theft and would advise you on proceeding after her assets and her malpractice insurance carrier and the attorney assisting you would be able to do that as well..
Customer: replied 4 years ago.

Hello Mr. Paul MJD,

I spoke with the ARDC Today, I was informed that my former PoA had not yet responded to the ARDC, in which she my former PoA was suppose to do by February 25, 2010, the Lawyer from the ARDC told me that they had sent out another Letter to my former PoA and informed her that she had 7 Day's to respond or she will be Supeoned to do so, I was told by the Lawyer from the ARDC that if she failed to repond in 7 Day's and refuse to answer to the Supeona that further action will result, I informed the ARDC that I had to pay my Property Taxes and Homeowners insurance and I didn't know what to do, the Lawyer from the ARDC, informed me that just because I dismissed my former PoA, she still has my Money and that I should send her an Email and a Fax and a Text as well informing her to do a Wire Transfer, and the Lawyer from the ARDC told me to send them a copy of the Fax that I send to my former ARDC, and althought the ARDC doesn't give Legal advice I was told that I might want to concider hiring a Lawyer after their Investigation is over. I called an spoke with another Attorney from the Lawyer's office were I consulted with the Attorney whom is now out until April 2010 and was told the same thing that I have every right to continue to ask for my Money from my Former PoA, but not to at anytime meet with her, or agree to anything, but to continue to let the ARDC handle things and just continue being patient and make my Fax, and Email to my Former PoA very simple and to the Point. I would like to know the following Please.

1. Is it normal for an Attorney not to respond to the ARDC.

2. Mr. Paul MJD, is it O.K. for me to request funds from my former PoA, I was told by the ARDC and the other Attorney that I called that just because I terminated my former PoA, she still has my Funds and I should ask her for what I need, I'm worry now because she hasn't responded to the ARDC, that she may not respond to me now.

3. If my former PoA, doesn't send me Funds what should I do or what could I do.

4. I was told by the ARDC that the Investigation could take about another Month, I feel that if my former PoA, doesn't have anything to hide, she would have responded by now, I feel that my Former PoA is stalling time, to do fraudilent things, such as get Fony Statement such as the two contract's she said I signed to pay her Fee's or try to get togeather my Money that she could have already spent, because as I mention to you Mr.Paul MJD, I never received anything telling me about my Banking, Attorney Fee's, or how my Money have been spent, except what I received from my former PoA on February 1, 2010 and that was just some print out receipts for things that she purchased for me with her Credit Card, and figures that she wrote down on paper.

Mr. Paul MJD I hope I didn't make things worse by not aggreeing to meet with my Former PoA, it seems like that just mad her angry because I refused to except meeting with her and I filed a Complaint against her with the ARDC.

B.T.

Expert:  Law Educator, Esq. replied 4 years ago.
1. When a lawyer has done something wrong and may be trying to cover their tracks it happens that they do not respond until subpoenaed or sued.

2.You NEED TO request your money so you can pay your bills and taxes as they have told you to do and you need to make it clear on the letter you send that you are sending a copy to the ARDC as well.

3. If she doesn't send you the funds, then you really should engage that lawyer or law firm and get a suit filed against her to turn over the funds to you.

4. Your feelings may be correct on this, but you did not make things worse here, she has made them worse by failing to be honest with you from the beginning. I really believe you need to get the law firm involved to secure control of your funds from her now and continue to pursue the ARDC claim as well at the same time.
Customer: replied 4 years ago.

Hello Mr. Paul MJD,

I just tried to send to my Former PoA, a Faxed letter requesting Funds to be done by Wire Transfer, but in the Letter I did not put that I was going to send a copy of the Letter to the ARDC as well, while I was faxing the Letter only the Cover Sheet of the Fax went throught and than I received a notice informing me that an Error accured, this is what happen when I tried to Fax to my Former PoA a letter dismissing her, I beleave my Former PoA just turns off her Fax Machine when she see's a fax coming in from me, there is nothing wrong with my fax Machine, the ARDC informed me that they sent to my Former PoA a copy of the letter that they received from me dismissing her, but it is not unusual for an Attorney to tell the ARDC that they did not receive a letter from them because they only send it by regular Mail. Should I send to her emails, voice mails, and text messages.What should I do now and what should I say in the email, often my Former PoA would have on her email reply "OUT OF OFFICE", so if she does have that on and I'm sure now she does, because she knows I'm trying to communicate with her what should I do to let her know I need a Wire Transfer done.

 

B.T.

Expert:  Law Educator, Esq. replied 4 years ago.
You should send a letter by priority mail with a delivery confirmation, since she would likely not sign for any certified mail either. Also send the email as well and forward the "out of office" reply to ARDC as well as send them a copy of the email you sent. Additionally, notify ARDC that she will not accept any of your faxes and she disconnects the fax as soon as she sees it is from you. Again, I would really get to that law firm and have them start proceedings to gain control of your accounts and funds immediately.
Customer: replied 4 years ago.

Mr. Paul MJD,

The ARDC just called me and told me that my Former PoA just called them and informed them that she had received there letter and asked if she could have until March 17, 2010 to send everything to them that they requested, the Lawyer from the ARDC told me that they gave the O.K. to my Former PoA to have everything sent ove to them by March 17, 2010, I was told by the ARDC that they asked for alot of things and that my Former PoA informed the ARDC that she has my Money plus she's going to give me an additional $5,000.00, I was told by the ARDC that she's no longer my PoA, and if and when she does return my Money to me, doesn't mean that I have to accept the amount that she returns to me as the correct amount and that they will not except anything response from my former PoA until they go throught everything step by step and I have a right to disagree, and asks for reasonings to my former PoA Fee's regardless if I did sign an Attorney and Client agreement.

Mr. Paul MJD, I also spoke again with the other Lawyer whom told me to still request money from my Former PoA and if she sends me a check if I don't agree with the amount it's my right to disagree, because the ARDC will check everything the other Lawyer also told me that an Attorney Fee of $18,000.00 for two year's is very very expensive and that my former PoA will have to show reasonable reason's to how and why she charged me that amount of money just to be my PoA and that every Month I should have received an detailed invoice as to how my money was being spent, and that would be my Main Argument as to why I refuse to pay my former PoA any amount of money because I was never aware of anything, and she would have to prove that I was aware of her charging me $18,000.00 before February 1, 2010 by proof of Certified, or Signature requested Letter's and Invoices being sent to me every Month for two year's and if I had was never aware of my former PoA charging me that amount of money for two Year's that alone would look the same way to the ARDC, as well as all the emails I received from my Former PoA, telling me about cleaning her house, the other Lawyer told me to just request my Money that I need to pay my bills and if she sends me any more money just to deposit it into my account before 30 day's but try not to spend anything and do not aggree with my former PoA, I informed the other Lawyer that things my former PoA had charged me for she had never even completed it, I have just a Month ago, spending only not even 15 minutes on the Phone to take care of each issue, the other Lawyer told me that would be proof of the outrageous Attorney fee's, and the reason my former PoA decided to give the ARDC a call is because the first page of my fax went through.

 

Mr. Paul MJD, in my email that I'm going to send to my former PoA is it o.k. to just request the amount of money I need to be sent to my account or should I tell my former PoA that I'm not excepting any other money other than what I'm requesting.

 

BT

Expert:  Law Educator, Esq. replied 4 years ago.
You should demand that as she is no longer your PoA to turn over ALL of your funds to your account and tell her additionally that you need the funds to pay the bills you require paid. Tell her both. The lawyer you are dealing with both at ARDC and the firm are right on the money with you.
Customer: replied 4 years ago.

Mr. Paul MJD, I just sent to my former PoA an email requesting a Wirer Transfer, I received back an OUT OF OFFICE REPLY as usual, I also put in the email that I was going to forward the email to the ARDC as well as send the Letter requesting funds from my former PoA to the ARDC by fax., I sent the same email to the other Attorney that works for my Former PoA, should I send another email requesting that she turns over to me all my money, and let my former PoA know that this does not mean that I'm excepting or aggreeing to her reasoning.

 

Mr. Paul MJD, I received on February 5, 2010 an email from the other Attorney informing me that my Former PoA was going to be sending to me the rest of my money and other things as it relates to me plus an additional $5,000.00 by February 11,2010 other papers as it relates to me by February 18,2010 and the remaining of paper work as it relates to me plus an additional $5,000.00 by March 4, 2010. Today when I spoke with the ARDC the second time I was told that my former PoA called them and requested until March 17, 2010 to respond to the ARDC and the Attorney from the ARDC told me that my former PoA informed them that she had my Money plus an additional $5,000.00 but the email I received on February 5, 2010 states an additional $5,000.00 twice, this is why I feel that my former PoA is stalling time to cover up her wrong doing, to try and justify how she spent my money.

Mr. Paul MJD, doesn't that seem strange that she would need that much time to have available Banking Statement, Contract's that she said I signed agreeing to pay Attorney Fee's, information detailing how she charged me $18,000.00 do you think the ARDC see's that there is something strange about all this, shouldn't an PoA have all these things available, wouldn't this prove to the ARDC the communication between my former PoA and I that these are the things that I asked her for and never received.

 

BT

Customer: replied 4 years ago.

Mr. Paul MJD,

Could you Please respond to the request that latest request that I sent to you Tues March 2, 2010 at 4:34 P.M EST

 

Thank You,

 

BT

Expert:  Law Educator, Esq. replied 4 years ago.
Yes, it seems strange and it also seems like she is scrambling around looking for things to try to save her on this. You should send another email telling her that you expect all of your funds to be turned over to you immediately and that in making this demand you are not agreeing to any terms of any settlement she has offered but you are demanding only she turn over control of your funds as she is no longer your POA and send a copy to the ARDC as well.
Customer: replied 4 years ago.

Mr. Paul MJD, I also tried to send the fax to the ARDC they had already closed for the Day, so the Fax didn't go throught I will try again tomorrow, I will send to my Former PoA an the other Attorney that works for her another email requesting that she send to me the remaining of my funds and I will let both of them know that I am not in any way agreeing to any other money that she wishes to turn over to me. Mr. Paul MJD, I would like to know the following.

1. Could I use her contridition from the email that I received in February were it was stated to me the return of all my Items that she has in her care on Three different Dates and the remaining of my Funds and Two additional Checks for $5,000.00 a peace, with what my former PoA told the ARDC today that she has all my money plus an additional $5,000.00, could I use that to say she contridited herself.

 

2. Could I also use her the fact that she has nothing ready for the ARDC and she had to ask for additional time to get everything ready to send them as to show this is what I had to deal with, and this is why I never received anything that I requested, could my former PoA actions show that she did not communicate with me, I was not aware of things because she didn't have things ready. Could this be reasoning to also show why I shouldn't have to pay her $18,000.00.

 

3. I was also told by the other Attorney that I spoke with today that I need to contact The State Department Labor Board, to inform them that my former PoA had me working for her in exchange for Attorney Fee's, and that I need to get togeather everything for the ARDC to respond to them and after the investigation. Mr. Paul MJD is this something I should do.

 

BT

Expert:  Law Educator, Esq. replied 4 years ago.
1. Yes her contradictions are something you need to provide to the ARDC, so they are fully aware of what is going on.

2. The other attorney has already told you the information on this and it was absolutely correct on what they told you about the fact she didn't send you any bills and you had no signed agreement for these excessive fees combined with everything else going on here this is grounds as to why you should not owe her anything for fees.

3. Yes, you should get everything together and file the complaint with the department of labor which is something I suggested to you awhile back.
Customer: replied 4 years ago.

Mr. Paul MJD, I just sent an email to the other Attoney requesting that my former PoA and him send to me everything as it relates to me, I informed them both in my email that I am not in any way agreeing to anything, Mr. Paul MJD I will contact the Department of Labor Board tomorrow and I will keep you informed of everything.

 

Mr. Paul MJD, Thank You so much.

 

BT

Expert:  Law Educator, Esq. replied 4 years ago.
Thank you and good luck.
Customer: replied 4 years ago.

Hello Mr. Paul MJD,

I have some serious concerns about my former PoA, the other Lawyer is unavailable and want be available for a while, the Parallegal of the firm did take down my information. On March 2, 2010 I sent an Email to my former PoA and the other Attorney that's employed by her, I requested a Wire Transfer to be done immediately by March 3, 2010 and I requested that my former PoA turn over to me immediately everything that she has in her care as it relates to me by March 5th 2010. The ARDC was aware of this request, I spoke with the Attorney from the ARDC on March 2th 2010 whom ask that I send the email to her, I didn't want to do that so I mailed the email to her by regular Mail, on March 3rd 2010, I called the Attorney at ARDC today March 9th 2010 and asked her had she received my Letter and was told No but it may come tomorrow, the Attorney from the ARDC asked me if my former PoA had sent to me anything and I informed her that I did receive the Wire Transfer but nothing else had came to me, I shared with the ARDC Attorney that this is why I was so concern that my former PoA asked for a March 17th 2010 date to get everything to the ARDC to just by her self sometime, I informed the ARDC Attorney of the email that I received from my former PoA and the other Attorney telling me that they were going to send to me the rest of my money that's left in my account, with an additional $5,000.00 and paper work showing all disbursements made by UPS on February 11, 2010 and other paper work as it relates to me by Feburary 18, 2010 and other paper work as it relates to me and an additional $5,000.00 by March 4th 2010 I sent them an email back informing them that I would not be available for any diliveries on those dates, so on March 2, 2010 when I sent an email requesting a wire transfer I asked that everything be sent to me by March 5th 2010 and I havent received anything, Mr. Paul MJD, it seems very strange to me that they were going to have everything ready for me by March 4th,2010 but they asked for an extention from the ARDC for March 17, 2010. I would like to know the following Please.

1. Today I asked the ARDC Attorney does the Attorney being investigated have to show original paper work or copies, I was told that the Attorney being investigated usually show copies, but I could recommened the originals in my respond, should I do that Mr. Paul MJD.

2. Mr. Paul MJD, how could I show my former PoA inconsistancy in the way she's acting by taking so long to respond to the ARDC by her asking the ARDC for an extention on her responds.

3. Mr. Paul MJD, how could I show to the ARDC that this is what I had to go through with my former PoA, when I repeatly asked to meet with her to go over my finaces, and when she finally meet with me on February 1, 2010 she had nothing available for me that I requested which is the samething that the ARDC has requested and she needed an extentions, could I use that as a reason why I should not have to pay her $18,000.00.

4. Mr. Paul MJD, this is why I didnt want to except any deliveries from my former PoA, it seems like this was a set up, could I use that in my defense of how unconsistant my former PoA is.

5. I contacted the Labor Department and I spoke with a Surpervisor, whom instructed me to wait until the ARDC Investigation is over, before I file a complaint with them, because I need to see what my former PoA response is going to be, and I was told by the Surpervisor that no type of Employement paperwork was filed by anyone claiming that I was Employed by them and if I can prove that I worked for my former PoA in exchange for Attorney Fee's and she refuse to keep that verbal contract between her and I an not charge me Attorney Fees than there no sense in filing a complaint, but if she my former PoA charges me Attorney fee's than I should file a complaint with the Deparment of Fair Labor and other Institutions as well and concider seeking the help of an Attorney. What do you think about this.

6. Mr. Paul MJD, is any of what my former PoA is doing legal, not sending me everything that I requested, I'm afraid that she's going to do something crooked by Forging my Signatures on things and just add up anything for Attorney Fee's to show that she did $18,000.00 worth of work, how would I dispute any of that.

 

B.T.

Expert:  Law Educator, Esq. replied 4 years ago.
All of this can be summed up as, your PoA is not operating now within any law because she has no right to the funds once you cancelled the PoA. The additional time is indeed suspicious when she told you she would have it for you by March 4. All of those communications telling you that she would deliver the information to you by that date should be sent to ARDC to show them she is likely not being truthful. The fact of the matter is that not much more can be done here until ARDC gets to the bottom of this and gets all of the documentation to review. Just keep documenting everything and sending copies to the ARDC. Also, send them a request that because of all of these conflicting statements of the PoA as to having the information and now not having it and needing more time that you request that the PoA produce ORIGINAL documents because it appears that the delays she is causing is for some improper purpose such as possibly fabricating documents. Then you need to just sit and watch what is going on and keep in contact with ARDC.
Customer: replied 4 years ago.

Hello Mr. Paul MJD,

I sent an email to my former PoA and the other Attorney that's employed by her, I asked in the email that I sent on March 9th 2010 to send to me the orginals of everything as it relates to me by March 12, 2010, I received a email response back from the other Attorney telling me that I refused the Three Dates that they were going to have everything sent to me, and that my former PoA have until March 17, 2010 to respond to the ARDC and she will than send to the ARDC duplicate copies of everything. I responded back by email informing both the other Attorney and my former PoA, that the Three Day's they wanted to send everything to me I was not going to be available to receive any deliveries, and that I was not agreeing to any amount of Money that they choose to send to me, I also told them both that what there sending to the ARDC, is no excuse to not send me what I have requested, I let them know that an Attorney should have the Originals and Copies of there clients file ready and within reach and it should not take this long for them to reponse to the ARDC if they didn't have anything to hide, and I ask that they send to the orginals as it relates to me by March 17, 2010. Mr. Paul MJD, my former PoA, refused to let me negotiate my issue with my Student Loan, I'm very competent and capable to handle my own affairs, on many occassions I requested money to pay for my Student Loan so that I could return to School, my former PoA decided that she wanted to handle it, by having my Doctors fill out forms to say that I'm not able to return to Work, to do gainful Work, Mr. Paul MJD everytime I would ask my former PoA about my Student Loan status she would avoid telling me the truth of what she was doing, only that she was spending a great deal of time trying to get the Student Loan dismissed, which is what I did not want to do, because doing that mean that I would not qualifie for any type of Finacial Assistance for School, Mr. Paul MJD, I have gotten my Student Loan out of Default on my own, I spoke with a Representative on Febuary 3rd 2010, on February 5th 2010 the Representative called me and I gave to him Three Reference, on February 11th 2010 I received an application in the mail and a Representative helped me fill out the paper work, on March 15, 2010 I received a letter in the Mail from the Student Loan Congradulating me on my Student Loan being out of default and informing me that I qualifie for Finacial Assistantance for School under Title IV, Mr. Paul MJD, each phone conversation took less than 15 Minutes, my former PoA, has been claiming that she was working on my Student Loan since August 2009, when I would request to meet with my former PoA, I would also request to just pay off my Student Loan, because I had Money to do so, at least I thought I did until I meet with my former PoA on February 1, 2010, my former PoA did not want me to return to School, Mr. Paul MJD, I would like to know the following Please.

1. My former PoA told me on February 1, 2010 that the $18,000.00 she charged me included time she spent taking care of my Student Loan, Mr. Paul MJD my former PoA told me that it was taking so long for her to work on the issue because she kept getting distracted by other issues with her Employees, and Family matters, Mr. Paul MJD, since I took care of the matter with my Student Loan, by myself, in a very short time, could I use that as my Defense in one of my reasons why I shouldn't have to pay my Former PoA $18,000.00.

2. My former PoA and the other Attorney will not send to me everything as it relates to me, I have requested by email again on March 15, 2010 today that they send to me everything and I received another email informing me that they will send duplicates to the ARDC by March 17, 2010 is this legal for them to do this, and what can I do to get them to send to me the orginals of everything.

 

BT

Expert:  Law Educator, Esq. replied 4 years ago.
She is blowing smoke and your you did not refuse to accept deliveries you merely informed her the dates were not convenient and you provided her with the convenient date. She is grasping at straws here. This is just further evidence of her non-compliance with your wishes and part of the reason you should not owe her any money for services she fails to perform

2. You need to send them another response with 3-4 days when you are available to receive deliveries and that you expect originals of all of your account documents and tell them their failure to respond is further evidence of their breach of duty to you. Send a copy to the ARDC as well and tell them you are informing the ARDC of their continued refusal to comply.

This is about all you can do at this point until the ARDC deadline date passes.
Customer: replied 4 years ago.

Mr. Paul MJD,

I sent them an email Today requesting that the originals of everything be sent to me by March 17, 2010, I informed them that I'm aware of the deadline that they have to respond to the ARDC which is also March 17, 2010 and that I do not want duplicates of everything that they are sending to the ARDC by March 17, 2010, I told them in the email that if they are sending to the ARDC duplicates of everything by March 17, 2010 that I want to receive by delivery the Originals of everything that they have in there care as it relates to me by March 17, 2010 and that there should not be any excuses because they had more than enought time plus additional time given to them by the ARDC, I will send them another email informing them that there failure to do so is a Breach of the contract for them to provide a service to me, and that will be one of the Many reasons that I will refuse to pay any Attorney fee's, Mr. Paul MJD, regarding the Student Loan could I use that as another reason for not having to pay her Attorney fee's since I handled the Student Loan issue myself, when my Former Attorney claims she had been working on my Student Loan issue since August 2009, throught February 2010, and I solved the issue myself just with the last two Months, my former PoA added the amount of time she claimes she spent taking care of the Student Loan as part of her $18,000.00 Attorney Fee to me.

 

BT

Expert:  Law Educator, Esq. replied 4 years ago.
If you prove you took care of the student loan yourself, then this is just another piece of evidence to prove she did not do her job for which she is seeking this ridiculous payment.
Customer: replied 4 years ago.

Hello Mr. Paul MJD,

I have sent to my former PoA, an email on March 2, 2010 requesting that they send to me the originals of everything by March 5th, 2010, I did not receive anything, I sent an email on March 7, 2010 requesting that everything be sent to me by March 12, 2010, I sent an email on March 15th 2010 requesting that everything be sent to me by March 17, 2010, the only response I received back was on March 15th, 2010 was from the other Attorney telling me that I refused the delivery Date, and I did not I inform them that the Dates they wanted to send things were Three different Dates, and I would not be available to receive any deliveries those Dates, and that I was not excepting anything or aggreeing to any amounts, I never said do not send me anything, in there first email to me after Feburary 1, 2010 meeting, they sent to me an email telling me that they were going to send to me the remaiining of my Money that I had left, (I do not agree with that amount of Money), with disbursements as to how the Money was spent, and everything else would be delivered to me on Two other Dates, Yesterday I spoke with the Lawyer from the ARDC, and was told that on March 17, 2010 was the deadline for my PoA to response to the ARDC, and at that time they had still not received anything from her but on March 18, 2010 they would be filing a Supeona against my former PoA, I was also told by the Attorney from the ARDC, that she had made it aware to the Senior Counselor Attorney from the ARDC that my former PoA, was not responding to me with my repeated request asking them to send to me my Property and Finaces, I was told that there is noting that they could do at this point until the Morning of March 18, 2010 because they had been looking for my former PoA delivery, and that there is nothing more that I myself could do, I was told that if they do receive something from her they will contact me and I can come into the ARDC offfice and they will go over everything with me and I can dispute whatever I don't agree with, but I was told that they don't feel she's going to cooperate and that when things could become more difficult, I have called to speak with the Attorney I meet in the beginning whom said that after the ARDC investigation is over he would help me, but he's unavailable until the end of April 2010, and the other Attorney was out of the office when I called, Mr. Paul MJD I would like to know the following.

1. Could I file a Police Complaint against my former PoA, because she's holding my property and I have dismissed her on February 2, 2010 and I have made several request asking for the return of my property, isn't that stealing to hold someone's property.

 

2. Could I contact the State's Prostecuiter myself to bring Criminal charges against my former PoA, for what's she's doing, is this legal for a former PoA to withold a Clients property.

 

3. Because I would agree to the amount of money my former PoA stated that I have left and I wouldn't agree to accepting Two $5, 000.00 Checks, and I filed a complaint against my former PoA, there angry and this is there way of punishing me, by refusing to send my property, could I put a lean on my former PoA Estate.

 

4. I'm requesting the Orginals of everything and this is another reason why they want send to me everything, because they told me they were sending duplicates of everyting to the ARDC, that has nothing to do with what I'm requesting and that's the originals, I figures that my former PoA could and would do anything with duplicates like make changes and just copie what she want the ARDC to see, and that's why I'm requesting the orginals, Mr. Paul MJD, what could I do if my former PoA doesn't send me the orginals.

 

5. Mr. Paul MJD, how could I get the Police involved now, isn't what my former PoA doing Criminal, to me this is theft, could I call the Police to my house and file a Police report and have my former PoA arrested for Theft.

 

BT

Expert:  Law Educator, Esq. replied 4 years ago.
You can contact the police and file a complaint, but it is up to them whether it is a civil matter or an intent to permanently deprive. You can argue that it is an intent to permanently deprive, but ultimately it would be up to the DA to decide if it is a civil matter or something to pursue criminally.

Ultimately, you will need to sue them for "replevin" which is the tort to return your property if the ARDC cannot get them to surrender the information. The DA may decide also that since ARDC is involved they will not take the case, same with the police.

Call the DA and make the complaint though and see what they say, they may take it, but most likely they will tell you it is a civil matter or to wait until the ARDC completes its investigation.
Customer: replied 4 years ago.

Mr. Paul MJD,

If my former PoA, didn't respond to the ARDC by the deadline which was March 17, 2010 and the ARDC had to do a Supeuna on March 18, 2010 and my former PoA still doesn't cooperate, if I need Money I have to contact her, if she want repond to my other request, what will I do if she doesn't repsond to me and seen me Money, and if my former PoA does seen me Money and not all my other request, can my former PoA charge me any Attorney Fee's for doing any Money Transaction for wire Transfer over to my Bank Account althought I dismissed her on February 1, 2010. I will wait until the ARDC investigation is done and by that time the other Lawyer should be available to help me than and I'm sure he would go after my former PoA for any Criminal Charges, but in the mean time, since my former PoA want send me my request, does she still have to seen me money if I request Money, and if so can she charge me.

 

BT

Expert:  Law Educator, Esq. replied 4 years ago.
You need to get to that attorney that was helping you and get suit filed for your money. You should in the meantime report this to the DA as them holding your property and refusing to return it to you.

At this point it would be pretty obvious of her misconduct if she tried to charge you fees for turning over to you what she should have turned over to you months ago.
Customer: replied 4 years ago.

Hello Mr. Paul MJD,

Monday March 22, 2010 I spoke with the Attorney from the ARDC, I wanted to know the status of the investigation, I was told that my former PoA called the ARDC to let them know that on March 22, 2010 she would have someone personally bring in everything that the ARDC requested, I also informed the ARDC that my former PoA had not delivered to me the Originals of everything that belong to me as it relates to me, and that I need Money, I informed the ARDC that I had sent my former PoA and the other Attorney that's Employed by her an email requesting that a Wire Transfer be made by early A.M. the next Day March 23, 2010 the Wire Transfer was done, my former PoA and the other Attorney did not respond to me regarding my belongings that they are witholding, the Attorney from the ARDC told me that she has made the Senior Counselor aware that I have made repeated request asking for my Property from my former PoA and they will not deliver them to me, and that I have to keep asking my former PoA for Money.

Mr. Paul MJD, my former PoA has done nothing but stalled time, she has been given to much time to respond to the ARDC, and she has done nothing but ignored me as if I don't exist, I have been very Patient, but my Patient's has run out, Mr. Paul MJD, if I don't receive my property today from my PoA, I would like to know the following Please.

 

1. Would it be concidered a Treat if I send an email to my former PoA an email informing her that if I don't receive my Property today March 24, 2010 that I will file a Police report against her for theft, I should not have to keep asking her for my own Money she's not my PoA anymore, and Yesterday the Mail Man brought the letter that I sent to my former PoA dismissing her on Feburary 2, 2010 back to me, because my former PoA never picked the mail up from the Post Office, I feel like she's on some B, and I'm really tired of it all, so is it illegal for me to send and email to my former PoA letting her know that I'm going to file a Police report against her for theft.

 

2. I'm aware of the investigation but I'm concern that my former PoA is just blowing smoke to the ARDC, she was suppose to respond to the ARDC by February 25, 2010, she asked for an extention for March 17, 2010 she still didn't respond and now she asked if she could have someone bring the information to the ARDC by March 22, 2010 and I don't feel like she should keep being allowed time to repond, I don't understand how hard it is to send to the ARDC what there requesting. and I feel that if I don't do something time will just keep going pass and I want receive my Property, what should I do at this point Mr. Paul MJD.

 

3. Shouldn't the ARDC have supeoned my former PoA and not allowed her this much time, or could it be that the ARDC feels that my former PoA is trying to cover up something and I don't want to make my move to soon, I just feel like I'm begging for my own Property and my own Money.

 

BT

Expert:  Law Educator, Esq. replied 4 years ago.
The answer here to all of your questions is that you must get back to that attorney who has been helping you while his partner is out of town and inform him that you need to have a suit filed because you are in desperate need of this and the PoA is not cooperating. Additionally, you can call the police and file a theft report, but they may refuse because they may claim it is a civil matter, but try anyhow and impress upon them how you and ARDC have tried to get the money and documents and she has refused which is an intent to permanently deprive you of your money and property. The time for warning and asking her for anything is over, you need to get a suit filed and you need to get ARDC and tell them that you need them to get this for you because it is obvious the PoA has no intent of cooperating with them or you.
Customer: replied 4 years ago.

Hello Mr. Paul MJD,

The other Attorney that I have been speaking with that's partner's with the other Attorney that I meet with called me back I informed him that I'm worried about my Money and other property because my PoA had not sent to me anything except for wire transfer that I have requested, I informed the Attorney that the Attorney from the ARDC had told me that my former PoA told them that she would have someone personally deliver the requested information to them on March 22, 2010, the Attorney I spoke with told me that everything that my former PoA is doing shows the ARDC that she is stalling to cover up her wrong doing, and for me to try and not worry because the ARDC will work with me they won't allow my former PoA to keep $18,000.00 in Attorney Fee's or the $12,000.00 gift my former PoA claims that I agreed to give to her, I was also told by the other Attorney that they will meet with me when the ARDC investigation is over and take my former PoA to court but they want know exactly what there dealing with until after the ARDC investigation is over, I informed the Attorney that I sent an email to my former PoA informing her that if I do not receive my property by Today that I will file a Police report against her, I inform the Attorney that I did not treaten her that I was making another repeated request, I was told by the Attorney that maybe now she would respond to me, but not to file a Police Report because the Police want do anything as long as there is an investigation going on, I informed the Attorney that I called 311 Non-Emergency and was told by an Officer that to let the ARDC handle the Investigation and the Attorney aggreed, I was told by the Attorney that if my former PoA have mishandled my Money in anyway other than for my use that the ARDC have a Client Assitant Program to help me get my Money back and as far as the $18,000.00 Attorney Fee's there is no way possible that the ARDC will allow my former PoA to keep that amount of money unless she can show reasonal due to why she charged me that amount of money I was told by the Attorney that amount of Attorney Fee's is usually charged to a Client that's facing some serious charges and that's over year's of time not just in a Two year period, regardless if I signed a contract or not, the fact that I never received any monthly statements and I was not aware of what was going on is enought for the ARDC to take all necessary actions against my former PoA, I was told by the Attorney that the ARDC may have to Supeona my former PoA because her time to reponse was up long time ago, the other Attorney asked me to not email my former PoA anymore unless I needed money, to just let the ARDC handle everything and when I meet with the ARDC to put togeather my response to inform the ARDC that I want to the orginals of everything and than my former PoA will have to turn over to my the orginals of everything and that the ARDC will insist that my former PoA do just that. Mr. Paul MJD, do you agree with that to just be patient and let the ARDC deal with my former PoA, and not to email her anymore only to request Money, and that I should ask for the orginals when I meet with the ARDC.

 

BT

Expert:  Law Educator, Esq. replied 4 years ago.
I agree with the attorney that told you to let ARDC keep working on it and only send emails to request money you need it. Everything else you need you should let the ARDC now do your talking.
Customer: replied 4 years ago.
<p>Hello Mr. Paul MJD,</p><p>I have again requested to my former PoA and the other Attorney that works with her to please send to me everything that they have in there Care as it relates to me (The Originals not Copies) I requested this on March 15, 2010 for everyting to be delivered to me by March 17, 2010 which is when my former PoA told the ARDC that she would have someone personally bring all the information to her, they both ignored my request again I sat in my House waiting on my requested delivery March 17, 2010 nor did my former PoA send anything to the ARDC on March 17, 2010 I spoke with an Attorney from the ARDC on March 17, 2010 and was told that they had not received anything on March 18, 2010 I was told by the Attorney from the ARDC that my former PoA told the ARDC that by March 24, 2010 she would have everything sent to them, I sent an email to my former PoA and requested again that everyting be sent to me by March 24, 2010 and I received an email response from the other Attorney that works for my former PoA that they would try to have everything sent to me by March 26, 27, or 28 I choose not to cancell out on my engagements to sit around for Three Day's waiting on a possibility, nor did my former PoA send anything over to the ARDC by March 24, 2010, my former PoA and the other Attorney sent me an email telling me that everything is taking so long because KinKos have to have premission to copy Legal Documents, Mr. Paul MJD, I feel like my former PoA has been given enought time, and she keeps coming up with execuses, both her and the other Attorney, I called to speak with the Attorney's that's going to help me but neighter of them will be back in ther office until late April, and neither of them will be able to help me until after the ARDC investigation is over, the Attorney from the ARDC told me today when I spoke with her that they still had not received anything except another note with another Date on it for April 7, 2010 to receive anything I was told by the Attorney from the ARDC that this is the Seventh time of my former PoA giving a different Date, and that I should call back on Friday April 9, 2010 and if they don't receive anything by than she would talk with the Senior Council to Supenoa my former PoA. Mr. Paul MJD, I registered for School Today and my Class starts May 10, 2010 I don't have a actual clue of how much money I have, or anything else and I need to purchase things for School, but because of my former PoA, misconduct and the other attorney misconduct I don't know how I would get the things I need for School, all of this is unfair, I feel like the ARDC should have not given my former PoA all this time to response to them, I don't even know if I have any Money, Mr. Paul MJD I need to know the following Please.</p><p> </p><p>1. Can I ask that the ARDC, not allow my former PoA anymore time to respond to them and Supeona her.</p><p>2. Because my former PoA has not responded to the ARDC, what if she has spent all my Money, and what if she has taken my House from me what will the ARDC do, if this is what's really going on.</p><p>3. Can I file a Complaint against the other Attorney that works for my former PoA with the ARDC, because he has Lied to me about sending me my information and not doing so, he does not respond to me until he decides he wants to, he has acted unprofessionally just as well as my former PoA. can I file a complaint with the ARDC against the other Attorney that works for my former PoA.</p><p>4. Mr. Paul MJD, what else can I do at this point.</p><p> </p><p>Betty</p>
Expert:  Law Educator, Esq. replied 4 years ago.
1) You can ask them not to give any more time, but it is up to them as to how they proceed.

2) If she spent the money, chances are she would be charged with a crime and sent to jail or made to repay the money.

3. You would and should file a complaint against the other attorney as well because he is involved in this matter as well.

4. At this point there is nothing more you can do until those other attorneys get back to their office and you get to them to have them file suit against her and serve her with a court order to surrender the information and control immediately. You cannot get any further movement.
Customer: replied 4 years ago.

Hello Mr. Paul MJD,

On March 5th I sent to email to my former PoA and her Assoicate requesting a Wire Transfer to be done by Early A.M. March 6, no Wire Transfer was done, on March 6, I sent two more emails, I sent Two Text Messages and left a voice message requesting that a Wire Transfer be done by Early A.M. March 8th, no Wire Transfer has been done at all, at 1:00 today March 8th I sent multiple Emails requesting that a Wire Transfer be done Today before cut off time, and no later than Early A.M. by March 9th. I was told by the ARDC Attorney to call Tomorrow March 9th, and they will let me know if my former PoA has responded to them, and if she hasn't there going to move forward with the Supeona, and on Monday March 12th I will be going to the ARDC to file a Complaint against the other Attorney whom is my former PoA Associate. I registered for School on March 5th and I start July 12, I need Money to make purchase for School so that I would be prepared, Mr. Paul MJD I would like to know the following.

1. How would I go about getting my Money from my former PoA, neither her or her Assoicate is responding, before if I needed something I would send an email and they would do a Wire Transfer, althought they still haven't sent everything by delivery to me. Is this legal what my former PoA is doing.

2. I'm concerned about my House my Father Quick Claim Deeded it to me, my former PoA told me that she put it into a Trust, but she tried to get me to seal it back in July 2009 and I told her I didn't want to, because my former PoA is not cooperating with the ARDC or me, I would like to know, since she was my PoA did that give her any legal rights to take my Home from me, and put in her Name, did she have any power to reverse the Quick Claim Deed.

3. The other Attorney's that's going to help me want be back until late April, so what other steps could I take to get my Money, isn't the behavior of my former PoA Criminal.

4. Being that my Father Quic Claim Deeded the House to me, do I still own my Home, even if my former PoA has done something she wasn't suppose to do.

 

BT

Expert:  Law Educator, Esq. replied 4 years ago.
1. You MUST contact ARDC and discuss the lack of access to your funds with them. Also, I am afraid you need to get the other attorney that was helping you involved, there is nothing else you can do at this point to get the money back.

2. If your POA document specifically stated she could deal with real estate then she could move the real estate. However, if the POA document did not specify real estate, then under a general POA she could not do so.

3. See 1.

4. If your POA document did not give her permission to deal in real estate and if she just placed it in a trust for you then you still own the home. Any other transfers she made at this point would likely be able to be rescinded.
Customer: replied 4 years ago.

Hello Mr. Paul MJD,

My PoA contract does say that my former PoA could sale my house if needed, but only if it had to be sold, Today while I was at Home, and without any knowledge from my former PoA or the other Associate, someone came to my Home and requested me, the Gentlemen did not show me any I.D. with his Picture on it, he was older and smelt of Alcohol, he told me he was from the law firm over there, his exact words and he had a delivery from me and he needed me to sign for it, the paper that he showed me, did have a phone number on it but it was smeared, I informed the Gentlemen that I needed to see what was in the box before I sign for it, there was my black Jacket that I left at my former PoA Home, an open folder and a letter on top, informing me about a Claimed filed against the Chicago Police Department, which I had no Idea had been done, in Feburary 2010, when I meet with my former PoA I informer her and her Associate that I was not doing anything with that, nor did I give any of them premission to do anything, nor did I have any knowledge that I was being charged for having a PoA, and I had not and had no plans on signing anything, the letter told me that other things had been sent to the ARDC (Duplicate Copies of what they requested) inside the box was a enveloped that was sealed but I had know idea what was in the envelope the Gentlemen was very Loud and kept telling me to just sign for it, I informed him that I was going to call the firm to see what was in the envelope, no one answered the phone, I left a message informing them that I had know idea that anyone was coming to my home, nor did I have any idea about any Police matter and that I was not going to sign for anything. The Gentlemen left. I called to check my Banking Account, and there was a large amount of Money transfered to my account, in the amount of $58,363.42, I checked my account online as well and my former PoA did a wire transfer, I called the ARDC and was told that they received information from my former PoA today, but had know idea if she had sent to them everything, but there going to send everything to me with a letter, and I can come in and speak with them and they would help me with my response, I informed the ARDC of the large amount of money they my former PoA wired to my account, I was told that because I have a Medical Set Aside, and that my former PoA, if she did send that alone with the remaining of my Money she should not have, I told the ARDC that my Medical Set Asside was $50,000.00, I was told to just only spend what I needed to add to my Bills and not do anything else, because there not sure if that $58, 363.42 is the remaing of my settlement, plus the $18,000.00 in Attorney Fee's and the $12,000.00 that's missing or if its the $50,000.00 Set Asside and $8,363.42 is the remaining of my settlement, but nothing is final until they the ARDC and I go over everything, but I was told that my former PoA should not have and was not suppose to touch my Medical Set Asside money, because that was suppose to and is suppose to be in a seperate account, because I have to report how that money is being spent to the Medical Set Asside insurance, the Attorney from the ARDC told me that my former PoA should have sent a Letter detailing to me what I was signing for, and if they charged me to file a Police suit against the Chicago Police, they will not allow my former PoA the right to do that, because they have knowledge that I disaggreed with that throught my emails to my former PoA and emails from my former PoA assistant, and they will have to prove that I aggreed, but I was told either way they the ARDC is going to go throught everything with a fine tooth comb, and than I can request that the rest of my belongings be sent to me. I called to speak with the other Attorney, but was told again that he's not available but that I should keep dates, and records of everything. Mr. Paul MJD, I would like to know the following Please.

1. The large amount of money that my former PoA had transfer to my Account, if it included my Medical Set Asside, was that legal for her to do that, and how would I know which bank that money came from, I never saw what bank any of my money was, and my Medical Set Asside money has never been used for any medical bills.

2. Would it be best to wait until I receive everthing from the ARDC than request my other property from my former PoA.

3. The letter that was attached to my delivery mention about a Police suit being filed, althought I did not sign a contract aggreeing to do so, and I informed both my former PoA and her Associate that I did not want to do anything, if my former PoA has charged me for that will I have to pay Attorney Fee's.

4. Now that my former PoA has finally responded to the ARDC, and she has sent money to my account, without my knowledge, does that mean that I'm agreeing to that amount.

5. If the large amount of money that was transfered to my account includes my Medical Set Asside, am I allowed to transfer that money to a seperate account, and am I suppose to contact the Insurance Company that has knowdledge about the Medical Set Asside to inform them of what took place and let them know. This was my personal bank account.

B.T.

Customer: replied 4 years ago.

Hello Mr.Paul MJD,

I checked my online account, there was two sererate transfers done, one of the transfer is the &50,000.00 of the Medical Set Aside money and the $8,363.42 is said to be the remaining of my funds which is not true, there still $12,000,00 that's my former PoA said I agreed to give her as a one time gift, and $18,000.00 in Attorney Fee's.

1. What will my former PoA have to do to prove that I agreed to give her $12,000.00 as a one time gift.

2. As for the $18,000.00 in Attorney Fee's can I just dispute pay my former PoA totally, and if the ARDC should agree with me that I don't have to pay the Attorney fee's and agree with me that I my former PoA can't keep the $12,000.00 how long does my former PoA have to return the Money.

B.T.

Expert:  Law Educator, Esq. replied 4 years ago.
She would need proof of the gift in writing from you. The fees we have already discussed over and over again above and refer to those answers. She would be ordered to return the money immediately or there is a possibility that she could be charged with theft depending on what ARDC finds.
Customer: replied 4 years ago.
<p>Hello Mr. Paul,</p><p>I wanted contact you to ask for some help, the Attorney's that will help me want be available until April 29, 2010.</p><p>On April 9, 2010 my former PoA finally responded to the ARDC, also I had requested from my former PoA for deliveries of my personal property, I did not receive an email reply for my request that I requested by April 5, 2010 than April 6, 2010 by April 7, 2010, but on April 9th, 2010 while at my Home, a man came to my House, he was a delivery man from my former PoA law firm, I had no idea that anything was going to be delivered because I had be requesting everything since the Febrary 2010. The delivery man did not have any idea, he just kept telling me to sign, I asked the delivery man to Please open the box, he did and inside the box was a letter on top, that stated to me that the things in the box were my belongings and information informing me about they filed a court case against the Chicago Police Department to reserve me a pot so that my statue of limintation expires. I ask the delivery man if he could give me a few minutes to call, I called my former PoA to inquiry about the Chicago Police filing and ask if there was a check off sheet detailing my return, there was no answer so I left a message, I than called the, I had also requested funds on April 3, 2010, so I called my bank and a large sum of money had been transfered into my account. I told the delivery man that I was not going to sign for anything and he left, I than was able to speak with someone from the ARDC and that's when I was told that my former PoA had finally turned in there request. The ARDC told me to only spend what I needed for grocery. Mr. Paul MJD I need to know the following.</p><p>1. I received from the ARDC all the information that my former PoA sent to them on April 12, 2010, I have been going throught everything, I have found both the Engagement Letters, the first one regarding my Worker's Compenstation settlement and The second Engagement Letter regarding my Car Loan. This is what I have decovered.</p><p> * The 1st engagement letter has two different dates, the first page doesnt conside with the second page, on the first page the last paragraph is missing the rest of the sentence except for two words at the beginning of the sentence, and it doesnt relate to the second page, the second page has the same date on it that I signed it but at the bottom of ther page and on the second page it has a URL, and there's 4 spaces in between the first and second pagraph, the second page say's page 4 of 4, and page 2 and 3 is missing.</p><p> * The 2nd engagement letter does not have my signature on it or anywhere for me to sing that's requesting my signature, my former PoA sent to the ARDC and email that was sent to me by her Associate that's requesting me to sign the engagement letter, in this email I replied to the Associate by telling him that I could not see the email Engagement letter because I could not get it to open, doing this time it was 2008 and I was using a rent a center laptop, so this is why I never saw the any engagement letter, much time went own from there, the only thing I was ever told was that the Car loan agreed to a settlement of $5,000.00 and I agreed, I was never told about any court dates, and my former PoA never sent to me the engagement letter.</p><p>__Is either of the engagement letters legal.</p><p> </p><p>2. The large sum of Money I received was $58,652.41 and $51,652.41 of this was my Medical Set Asside, and the remaining $7,000.00 was from my Client Funds, that $5,628.00 less than my former PoA told me I had on February 1,2010 minus $500.00 that I requested to pay for bills. I did the following.</p><p> * On April 18, 2010 I went into my Banks Downtown Location and spoke with a Bank Representative, I took the Medicall Set Aside papers with me and ask to have my old bank account close, and have the medical set asside put into a seperate account, I took the letter dismissing my PoA as well, the Bank Representative took the remain and divided in 2 Way putting more into a Savings account, the rest into a Checking account, and he left the old account open with a $100.00 until I receive my new Bank ATM card, and I also put a code on my accounts.</p><p> 3. In my former PoA response the things she said she did is false, so on April 18, 2010 I also went to the Daley Center and made complete copies of my Probate file abecasue my former PoA had a statement in her response that she spent a great deal of time working with my former Estate Guarding trying to get him to reopen my Personal Injury Case and settle my debt to him for $5,000.00 I know that wasn't true my Personal Injury case settled and everyone was paid, I got the following Certified, the day I was given rights back over my person, the date I was given rights back over my Finacial Estate, The First and Final Accounting Hearing, and The approved First and Final Accounting with the Estate being closed.</p><p>4. I made a complete copy of the Car Loan court file, my former PoA Associates has court papers with his name on it. Will the ARDC approve there pay even if I didn't sign the Engagement Letter relating to this.</p><p> </p><p>5. my former PoA claims that on several occassions she tried to give me copies of papers and go over my Finacial Estate but I didn't want copies of anything because I was afraid that I would loss the information, how would she have to prove this, I have a tone of email requesting for my former PoA to meet with me.</p><p>6. my former PoA took the court cost to file the Police Suit out of my Finaces after she was notified by the ARDC that she was terminated by me and after I sent several emails informing them that I was not going to do anything relating to the Chicago Police Department. Could I use this as my proof to show that this is exactly what I ment by my former PoA not listiening to me or consulting with me she does what ever she wanted to do regardless to what I felt.</p><p> </p><p>7. A while ago I requested from you information to The Responsibility of a Attorney, I went to that web-site than and found some really great informtion, I found A Power of Attorney Contract, The Monthly Statement an Attorney is suppose to sent to there Client form billing detailing how there money was being spent and the attorney fees, I'm not able to find that could you please give me that information again, I want to attach that to my response.</p><p> </p><p>8 my form PoA sent with her response a IOTA, and it has nothing but amount on it with my first and last initial not stating anyting that could give a lead, she had my funds in her account and used her credit card to make personal purchases for herself, and on her banking statements there all kind of online transfersa and none of them match my online transfer and the representative at the bank told me that there is no way for me to tell and that would have to be traced, my former PoA also copied from the paper she gave to me on February 1, 2010 indicating how my money was spent, that includes all sort of Misc for her staff, Mr. Paul MJD it a total mess how she replied.</p><p> </p><p>I know this is a very long question but I'm doing this with out any help, but I'm really doing a great job taking great notes, I have found allot of things that's inaccurate, the Attorney from the ARDC told me not to get overwhelmed but she know's I can do it.</p><p> </p><p>Betty</p><p> </p>
Expert:  Law Educator, Esq. replied 4 years ago.
1. You need to begin preparing a letter to ARDC with a numbered list of all of these discrepancies. It is obvious that the letters have been pieced together and you need to point out all of these inconsistencies in the letter. For now, this is the best you can do.

2. You need to add this discrepancy to the list and make her account for that $5628 and where it was spent between February and April.

3. Again, you have to point this out in your letter to the ARDC with your copies of files and proof that she did not do any of the things she is alleging.

4. They may approve the car loan payoff because it was reasonable and because it needed to be paid, but you could argue that you never agreed to it.

5. The emails you have would disprove these statements showing you wanted the information but she refused to provide it. Attach them to ARDC when you list this as one of the discrepancies on your numbered list to the ARDC.

6. Again, this goes on your list and ARDC knows what they told her not to do.

7. The link was something you said you found not something I provided to you.

8. Again, now you have the proof you need to point this out on your list of discrepancies to the ARDC.

You are almost to the point where the attorney is back in town. Begin working on your list, number each discrepancy you find separately and work on the list as you go through the documents to make it easier for you so you do not forget anything.
Customer: replied 4 years ago.

Hello Mr. Paul MJD, I would like to know the following Please.

1. Regarding the Engagement Letter for the Worker's Compensation settlement that also includes the final accounting of my estate, is it reasonable for me to just state all the facts, and inaccuracies in the Engagement letter or should I state what she did do for me relating to the Worker's Compensation and the closing of my Estate, I just want to know if it is even a point to me stating anything that she did if the engagement letter is so inaccurate, the ARDC responded to me with a letter to state all inaccuratcies, to provide additional information or documents, this is why I want to know, because would I be agreeing that she did the work, and she did do somethings but the Engagement letter dates are after the closing of my Estate so how would I have know that she was charging me or what a fee would be for her to do anything.

 

2. The Engagement letter regarding the Car Loan, as I mention to you I never saw the engagement letter because I was not able to open up the attachement of the engaement letter, I sent the attorney's an email the first time and stated that there was no engagement letter when I received an email there was no paper clip attached to the email, they sent me another email informing me that they sent the Engagement letter again, I tried to open the attached Engagement Letter and was not able to I called Comcast and informed them that I was having and internet problem, they did a service check over the phone and told me that my Comcast service was running fine, I sent an email to the attorney and told them that I had a problem with my Laptop, so I never saw the Engagement Letter and the email that the attorney sent to me say's to sign it, and thats one of the inaccuracies, alone with my signature is not on it, quite some time went by before I heard anything from the Attorney's and that was when I was told that the Car Loan would settle for $5,000.00 and I agreed only to settle for the amount, I had know idea about any court time spent, communication between the Car Loan and the Attorney's, nor did or have I ever received a statement from the Attorney's informing me about Attorney fees for anything that they ever did for me, or anything telling me how my Money was being spent.

 

Can I just put the inaccuracies of both the Engagement letter rather than giving reasons or explanation to everything that she claims she did.

 

BT

Expert:  Law Educator, Esq. replied 4 years ago.
No, list each engagement letter separately and explain each.
Customer: replied 4 years ago.

Hello Mr. Paul MJD, I just want to be clear as to my question to you so that I'm doing the right thing.

The answer to my question from you is No.

1. So I should include in my responds to the ARDC everything that my former PoA did, regarding the Worker's Compensation from her involvement to the end of the settlement Yes or No.

 

2. So I should include in my responds to the ARDC everything that my former PoA did for me regarding the Car Loan, which was I was just told that the Car Loan agreed to a $5,000.00 and I agreed Yes or No.

 

3. Than I should I explain the inaccuracies in both the Engagement letters Yes or No.

 

4. When I inform the ARDC what my former PoA did relavent to question 1 and 2 want I be agreeing to the Attorney Fee's Yes or No.

 

5. As I go throught each of my former PoA claims of what she did to charge $18,000.00 and I explain what she did will I be agreeing to the Attorney Fee's, Yes or No.

 

I just want to do everything right, because I'll be done April 28, 2010.

 

B.T.

Expert:  Law Educator, Esq. replied 4 years ago.
1. Yes, you should include everything that she did or did not do.

2. You can discuss the car loan settlement, don't dwell on that since it is likely that the payoff was a good deal in your best interests to close out that debt.

3. Explain inaccuracies in both engagement letters in detail.

4. You are not agreeing to attorney's fees if fees are not mentioned in those issues, BUT that is where there would likely be some small fees, but not the amount of fees she is claiming.

5/ As you go through the documents point out in each one that no attorney's fees were mentioned in any of the documents.
Customer: replied 4 years ago.

Mr. Paul MJD, o.k. I have a better understanding now, also when my former PoA responded to the ARDC, in the information that she sent included information regarding a 1 time gift, she had it attached to the last PoA contract that I signed July 5, 2010 but not inside the contract as if she's was trying to say to the ARDC that I agreed, I never even heard of such a thing until my former PoA mentioned to me that the law allows a person to give a 1 time gift a year of $12,000.00 I and my former PoA never sat down face to face to discuss anything of a such I never signed anything agreeing to do such, and that portion was not included in the copy of the PoA contract that I received finally on February 1, 2010. How will I prove that, in the PoA contract it speaks of the PoA can make charitable contrabutions. can I ask that she shows where she made the contrabution to like a paper trail, the PoA contract does not say that a PoA has the right to take the clients money for themselves, doesnt the client have to have knowledge awareness and sign for something like that.

 

Also, in my former PoA responds to the ARDC, she has a accounting she of disbursements made to me and bills of items that were paid, but on her bank account none of the wire transfers match what's on my bank accounting sheets, when I took it to the Bank to open up an account for my Medical Set Aside the Bank representative told me that there was no way that I would be able to trace and online wire transfer that way, could I just put that in my respond.

 

My former PoA Attorney Fee's doesnt say specifically what she did, the morjority of what she say is that she paid the staff with part of the attorney fee's, and allot of the other attorney fees she has as Miscellanous, can I request that she show a paper trail of what each staff did, paper work done, phone calls made, by phone records, pay checks for each staff earnings from my Estate.

 

My former PoA included my Finaces in her personal Bank account can she do that.

 

On my former PoA IOLA it doesn't have a Location to a Business Address, it just looks as if she just put down figures, I just found out what and IOLA was by the Bank Representative.

 

I will be getting the other 3 files on Monday and I'm done.

I really appreciate your Patients in helping me with everything.

 

B.T.

Expert:  Law Educator, Esq. replied 4 years ago.
As far as the gift because that is a page that was not part of the contract you argue to ARDC that she is trying to insert this in now to cover herself. On the accounting address that in the letter to ARDC as well showing how the POA could not have done what she is claiming in the accounting.
Customer: replied 4 years ago.

Hello Mr. Paul MJD,

I wanted to give you and up date, and there a few new things that's taking place.

The Attorney that's going to help me wants to meet with me April 11, 2010 his Paralegal called me at home and asked would I be available that day because the Attorney want be back in Town until April 9th, 2010. The ARDC I was only going to go into the office to explain my reply and give it to them, the ARDC and I decussed that on a while ago. The Attorney fromthe ARDC that I have been speaking with called me today and told me the Senior Counsel Attorney (ARDC) wants to meet with me on April 7th 2010. Mr. Paul MJD I would like to know the following.

1. Is this typical of the ARDC to meet with the Client.

2. I have adddressed the issue regarding my former PoA, using drugs and wanting me to get Psych Medication, and Inhailers for her with my Medical Card, I have the emails from her to prove it. Did I do the right thing by telling this, I tried to avoid doing this but my former PoA would alway's tell me that I should'nt have a problem doing this becauise she's not charging me to be my PoA, she also told me that her Grand Son's mother was getting her inhailer's for her off of her Medical Card, but she stop doing it, this was the same thing that she told me when I was cleaning her house, that I shouldnt have a problem doing it because she's not charging me. Did I do the right thing by adddressing this issue. I stopped going any where around my PoA, because this is a crime.

3. My former PoA, has forms relating to my house being in a Trust, nothing is signed by me or her, there's no Month or Day on it, just the year 08, there's no withness signature and I have never seen this contract. I went to the Cook County Recorder of Deeds and I was shown that there is nothing there other than the Quic Claim Deed that my Father did in December 1998 when my Father Quic Claim Deeded to me from him. My former PoA claims that my House was in a Trust called the Betty Trust, and as I stated above nothing was signed, noterized, dated, or filed, she submitted to the ARDC with her response blank statements. So does this mean that she never put my house into a Trust and is the Quic Claim Deed in Trust a legal bond if it's not filled out properly.

4. I have retained all the Court Files except for the Worker's Compensation file and I had allot of papers from each file Certified, to show that the one's my former PoA submitted to the ARDC are not the same.

5. My former PoA, claims that she only signed the papers on February 1, 2010 when her and I meet because I told her too do so, and I was upset as usual and that's typical of a Brain Injury Person, she's try to defend herself by saying that my behavior is abnormal, can she win her argument by using the fact that I have a brain Injury. I have taken care of my Student Loan by myself, when she claimed that she was working on it for over a Year.

6. Mr. Paul MJD, do you have any advice for me regarding the above, can I tell the ARDC that I am willing to take a Lie detective test is asked. Can I submit an Alfadavit with my response.

B.T.

Expert:  Law Educator, Esq. replied 4 years ago.
You need to meet with that attorney to assist you and this is a good thing.

Now to address your concerns about meeting with ARDC, this is normal when such serious allegations have been raised by someone as you have raised. The ARDC wants to go through everything because there is so much involved here and you are going to have to point them to the evidence to assist them. The meeting is generally to try to narrow down the issues and violations and getting the evidence and information straight.
Customer: replied 4 years ago.

What about question 3, regarding the Quic Claim deed, was it done correctly since it was not signed by anyone and has no day, or month and was not noterized, or filed with the courts or something.

B.T.

Expert:  Law Educator, Esq. replied 4 years ago.
Sorry, if the quit claim was not signed, then it is not valid, no.
Customer: replied 4 years ago.

This is a good thing for me than, it is the way in which my father did it when he quit claim deeded it December 1998, I had asked that question because my former poa claims that she put my house into a trust, my dad did sign the claim when he quit claim deed to me so that valid right, because i was told by an employee at the cook county recorder of dees that nothing has been done since December 1998 which is the way my dad did it, the forms my former poa submitted to the ardc, theres no date, month, signature or notary on the papers she submitted, but my former poa is claiming that this is part of her Eighteen Thousand Dollar Fee's. so this means that she never put my house into a Trust.

BT

Expert:  Law Educator, Esq. replied 4 years ago.
This is something else you need to point out to the ARDC as well.

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