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,
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
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,
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).