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Andrea, Esq.
Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 11264
Experience:  25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
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Dear XXXXX, I really dont have a leg to stand on with this

Resolved Question:

Dear XXXXX, I really don't have a leg to stand on with this jerk attorney. I must find an attorney that can handle this Guardianship. I went to an attorney today but when she found out that my brother is involved (he called me today for the first in 2-1/2 years) because he learned somehow that my mother was in the nursing home and that she had gifted money to me and my daughter, heather. The gifting money to me and Heather was to be used for her benefit so that Medicaid wouldn't take all of her money if she went into a nursing home. We talked about this and she knew that if she had to go into a nursing that the money she gifted us would be ours and it would be my job to pay the nursing home the rest of the money in her IRA and then Medicaid would take over once the funds were depleted. Andra, do you know a good Guardianship attorney or an attorney in Katy, Texas or Houston, TX that could help me. Suing someone is easy. Finding an attorney to help me is a problem. The attorney today wanted $3,500.00. But after we made the appointment my brother called and left two horrible messages saying how he and the other family members hate me. They discriminate against me because I have bipolar disorder. He and all of the family members tried to steal her money from the IRA's back in January, 2013. He made himself P.O.A. over her IRA's and he removed me as sole beneficiary and made himself and her two sisters beneficiaries; however, the never took an interest in her health or well-being since she was diagnosed with Alzheimer's and was living alone. My mother came to her senses and when she was coherent and realized that they tried to steal her money and they were NOT going to take care of her like I have been doing, she had me find an attorney (she was really mean and bad too) to get him removed as P.O.A. and get them off as beneficiaries and me back on. We got all of that done and the P.O.A. was re-done in the credit union; the employee of the credit union notarized it! My brother stated that I am going to be receiving "paperwork" in the mail very soon however, I don't know what he is referring to when he mean that "a judge will decide". He wouldn't elaborate and basically told me that I am a piece of shit and a loser and that he has known it since 1981. I am the best person on the planet. I care not only for my mother and my daughter, but people in general. I am a good person. He is the monster. He said that the entire family is banding together against me. He is going to ruin my mother of being able to live in a wonderful nursing home where she is safe over the fact that my mother gifted "HER MONEY" to me and Heather. She had been estranged from these family members ever since she learned what they did with the IRA's. She even had her phone number changed. But, now since she thinks I put her in the hospital (she overdosed on medications) she has now sided with "the enemy" (my brother, Ron her two sisters etc.) I hope and pray that I can find an attorney to grant me guardianship because I also need someone to represent me as my brother indicated he was suing me by telling me he is taking me to court. I just don't know what he is suing me for or why he is taking me to court. It is so difficult to find an attorney to listen and understand and not judge and be scared off by all of the information that I must provide about the case. My brother is an ass and I need an attorney that is going to side with me and stand up against him. As far as the attorney at the credit union, without legal representation, I can't fight him. He is the "ATTORNEY" for the credit union and they are not going to listen to me. I wish you were my attorney. That would be a dream come true. I don't know who is over this David Deanda attorney guy at the credit union. I don't know who to call that is over him. What do I tell the next attorney. Do I tell them everything like I just told you or do I give them bits and pieces of the story. I have one letter from a doctor that states that she needs 24 hour care. I have another letter from her Neurologist who I found and have taken her to but when her and I were estranged from Nov. 12 to Jan. 13 that is when Ron and the other family members took over and did the stuff with the credit union and took her to her neurologist a couple of times. The neurologist is writing a letter on my behalf stating that she is mentally incapitated and can't live alone without 24 hours supervision. I pick up the letter later on today so I am not positively sure what is going to be in the letter but I have asked him to write another letter about me as a person and a caretaker and that he basically approved me as caretaker over the rest of the family because he was so relieved to see after they were out of the picture and I was back in taking care of my mother again. Andra, this is such a nightmare. It is so hard to find an another that isn't afraid to stand up against bad people.
Submitted: 9 months ago.
Category: Legal
Expert:  Fran-mod replied 9 months ago.
I will let Andrea know of your question. She will see my message when she next checks her email.
Expert:  Andrea, Esq. replied 9 months ago.

Hi, Debbie Joe, and Welcome back,

 

You absolutely cannot and should not allow this attorney to intimidate you and force you to incur unnecessary attorneys' fees. It is painfully obvious from all that you have written that he does not have a clue on the effect or the importance of a Durable Power of Attorney. And, if he allowed you to withdraw $4,600 for your mother's first month's stay in the nursing home, what makes him think that subsequent withdrawals should be treated any differently ?

 

This attorney did whatever your family members ordered him to do and do you know why ? Because they showed no fear, they did not allow him to intimidate them, and they let him know in no uncertain terms who was the boss and this is exactly how you must be in order to protect your mother. It would be a good idea if you retained an attorney with experience in Guardianship, but only to speak with authority to this attorney and put him in his place. If the attorney is experienced in this area, she will immediately understand why your mother does not need a Guardian and that the Durable Power of Attorney gives you all the authority that you need to take care of your mother's affairs. Please click on the link below for the Texas Bar Association Lawyer Referral Service. Contact them, tell them what your situation is, and ask for the names of several attorneys, ask them a lot of questions. If necessary call back and ask for more names of attorneys with experience in Guardianships and are not in a rush to take your money and go to Court. Select the one with whom you feel the most comfortable and who you feel will do the best job for you in standing up to this lawyer at the Credit Union,

 

__________________________________________________________________

 

 

Please be kind enough to rate Excellent Service" so that I receive credit for assisting you, it will not cost you anything additional to give me a positive rating, and that is the only way I can receive credit, Thank you for understanding,

 

Bonus and Positive Feedback on survey is very much appreciated,

 

ANDREA

 

 

Customer: replied 9 months ago.

Thanks for all of your help but today was a bad day. My brother and her two sisters got documents together (new P.O.A.) and had my sick mother with Alzheimer's sign papers either yesterday or today knowing that she is incapacitated and delusional. They turned the tables on me and had the locks changed on her apartment (I was cleaning it out) and the money that she gifted me, my daughter, and her friend (well we are keeping it because that was her wish when we all got together) and since I haven't been served with new papers from someone saying that they are now P.O.A., I sold her car today and I am keeping the money. These family members had no right to do what they did. She overdosed on 6/26; that hospital transferred her to a psychiatric facility and I found the nursing home (the one my dad was in). They called me today and told me if I tried to come and visit my mother (I am the one that found this place for her to stay at and be safe) that they would call the police on me and have me arrested. This is such a disaster with these estranged family members. Legally, I have the right to keep the money she gifted as it was gifted and discussed in front of witnesses and her wishes, she told me that I could close down her apartment (which I was in the process of when I went over there today and the locks had been changed) and either one of her sisters somehow got P.O.A. over her. But How Could They Do This??? She is incapcitated and unable to sign documents. I did sell her car tonight because it is basically mine since the will left everything to me and excluded my brother. If I had been served new P.O.A. documents then legally I would not have been able to sell her car. I am despositing that check at 7:00 in the morning and transferring the money to another account. My daughter and I are going to see two different attorneys tomorrow since my brother said I was going to be charged criminally (for what?) and tell them what has happened. My daughter and I are sitting down now and writing out a brief summary of what has transpired and see if what these estranged, awful, mean family members did was legal. They better not try to come after me because they won't get beans out of turnip. I am on social security disability and mother gifted the money to us for her benefit until she needed to go into a nursing home and when she did have to enter one then the money would be ours to do with as we pleased. This whole thing is really bad and I have some very sick family members. I think it is good ridance. I will never see my mother again and they don't care. Thanks for everything Andrea. Debbie

Expert:  Andrea, Esq. replied 9 months ago.

Debbie, I cannot stand by and listen to you take this defeatist approach. Listen carefully to what I am going to say, Please

 

1. You are the only legitimate Attorney in Fact under the Durable Power of Attorney executed by your mother. As such, you are the only person authorized to act on behalf of your mother;

 

2. You have not done anything wrong and you cannot be charged with anything. The fact that you are so easily intimidated makes you a very easy target for everyone and it's high time you put an immediate stop to this;

 

3. Nobody, and I mean nobody can prevent you from having a relationship with your mother and nobody can stop you from visiting her any time you want. If you do not visit her, it is because you made the decision not to visit her;

 

4. A person suffering from Alzheimer's does not have the legal capacity to execute a valid Power of Attorney!!! Therefore, if your relatives had your mother execute anything, relatives do not have a valid Power of Attorney and have no authority to act on behalf of your mother. Do you hear me ?

 

5. You must go to the police department tomorrow morning and you must immediately notify the police of a "break in" in your mother's apartment;

 

6. Have a locksmith take off the locks your relatives put on your mother's apartment door and install your own;

 

7. Report your relatives to your local governmental Elder Abuse Agency for trying to steal your mother's money, her property, and coercing her into signing a document which was detrimental to her financial well being for their own greedy purposes;

 

8. You will need to retain an Attorney to fight these relatives. You cannot permit them to continue to act this way and threaten you.

 

You have no time to lose, and if you organize your day well, you can get these things accomplished tomorrow,

 

__________________________________________________________________

 

 

Please be kind enough to rate Excellent Service" so that I receive credit for assisting you, it will not cost you anything additional to give me a positive rating, and that is the only way I can receive credit, Thank you for understanding,

 

Bonus and Positive Feedback on survey is very much appreciated,

 

ANDREA

 

 

Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 11264
Experience: 25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
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