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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41221
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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My father is 86 yrs old, 6 months ago fell and was then diagnosed

Customer Question

My father is 86 yrs old, 6 months ago fell and was then diagnosed with dementia and due to his injuries he had to go to a skilled nursing facility he is still in the facility. Shortly after the diagnoese his live in girlfriend age 78 wrote up power of attorney letter signed his name and had it notarized. She then transferred all of his money about 20K into her account. He needs all of his SS check and them some to pay for his care but she says he has no money and does not admit to taking it or that she has POA. I found a copy so of the POW so I have proof. What legal action can we take?
Submitted: 6 years ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 6 years ago.

Thank you for your question.

I will do my best to assist you with your issue. While I am permitted to provide you with legal information, I am prohibited by JustAnswer.com as well as various state bar associations from giving specific legal advice, provide representation, or enter into an attorney-client relationship through this open and non-confidential forum. Do you understand and agree to these provisions as well as JustAnswer.com's disclaimer?

Sincerely,


Dimitry Alexander Kaplun, Esq.

Customer: replied 6 years ago.
Yes
Expert:  Dimitry K., Esq. replied 6 years ago.
Thank you for your patience.

First of all have your father write up a formal written (and notarized letter) in which he formally claims that he never signed a POA or provided such rights or responsibilities to his girlfriend. Second, depending on how you wish to pursue this, you can either contact the district attorney's office and speak to their fraud or elder law section to file criminal charges, or retain an attorney and pursue the other person for fraud and damages (money) that she now owes to your father. If you cannot afford an attorney, contact your local law school and see if they can assist you with pro bono assistance, or contact your local bar association as they may have pro bono help also available.

Otherwise also consider going to the link below and see if you can get low cost attorneys to assist you:

http://www.seniorlegalhotline.org/6-offices.html

Good luck.

Edited by Dimitry Alexander Kaplun on 9/1/2010 at 5:56 AM EST
Dimitry K., Esq. and other Legal Specialists are ready to help you
Customer: replied 6 years ago.

 

Since his fall he can't walk and has lost the use of his hands and cannot write, hold a pen or even feed himself.

I think the second option is appropriate.

 

Thank you

Expert:  Dimitry K., Esq. replied 6 years ago.
You are most welcome.

In a situation where he cannot write, get a witness and have him communicate (even a tape recording may be later admissible) in which he formally denies that he provided any type of permission for a POA to the other person. Have the witness sign, date, and notarize the comments that she heard, as it will also be considered a valid repudiation.

Good luck.

Edited by Dimitry Alexander Kaplun on 9/1/2010 at 6:15 AM EST