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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 27202
Experience:  Began practicing law in 1992
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My 77 years old cousin gave me and a friend of hers Power of

Resolved Question:

My 77 years old cousin gave me and a friend of hers Power of Attorney. My cousin has been at a skilled nursing facility for more than a year now, and she depends on us to manage her health care and pay her bills. This friend volunteered to pay her bills and do her taxes, but he has not done them yet and he is always late in paying bills. Many times, he is 2 and even 3 months late, and the providers threaten my cousin to stop their services. This friend does not answer calls, does not answer emails, and -of late- he does not even call my cousin anymore. He is in Connecticut, my cousin in Florida, and I am in Arizona. I want to be in charge of everything, but he does not send me the documents and information I need to take over. I have been asking for those documents for more than 4 months now. What should I do? He needs to be out of the picture, and my cousin agrees.
Submitted: 1 year ago.
Category: Legal
Expert:  Dwayne B. replied 1 year ago.

Dwayne B. :

Hello and thank you for contacting Just Answer. I am an expert here and I look forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification.

Dwayne B. :

Your cousin can do a "Revocation of Power of Attorney" regarding the friend and then send a copy to them and to all of the banks, creditors, etc. advising that the friend is no longer allowed to transact any business on the counsin's behalf.

Dwayne B. :

The issue is with getting the materials back from the friend. There really is no way to force that issue other than by bringing a lawsuit.

Customer:

They have been good friends for so long (almost 50 years) that she is hesitant about doing that. Is there anything I can do to force him to send me the info?

Dwayne B. :

Your cousin could ask Adult Protective Services in FL to contact the office in CT and ask for their help in getting the info.

Dwayne B. :

No, no way to force it other than a lawsuit of some type.

Customer:

Doesn't this qualify as Elder neglect??

Dwayne B. :

Not really although it is coming close. The neglect they are talking about is more along the lines of no food, etc.

Customer:

Can I call Adult Protective Services, or it must be her?

Dwayne B. :

You can certainly try but they are likely going to want to talk to her before they do anything. No reason you can't start the ball rolling though.

Customer:

Since she is so sick, it is hard for her to speak sometimes. On top of all of her ailments, she has been diagnosed with moderate Alzheimers.

Dwayne B. :

I understand. It would probably make more sense for you to report it then and explain her health problems and then they could talk to her in person if necessary. However, even before you do this you probably want to arrange with an attorney where she is to do the revocation of the POA.

Customer:

I've met the attorney that did the PoA in Florida. I will have to call him, though, as I live in Tucson, Arizona. Will an attorney do the revocation even if he can't talk with her? The attorney has refused to go to the nursing home before.

Dwayne B. :

No, not usually. You'll have to find one who will go there (or have a worker go there) and speak with her. They will also have to witness and notarize the revocation.

Customer:

OK. Is there any way to have this friend's actions audited to see if he has been taking money out of my cousin's accounts?

Dwayne B. :

Not without a lawsuit of some type. You may want to consider getting a guardianship over her. That would give you a vehicle for the audit as well as the power to take care of her. It does require a lawsuit and a lawyer though.

Customer:

Would a lawsuit of this type take a long time? Or are they quickly resolved?

Dwayne B. :

They're usually pretty quick. A couple of months or so with a guardianship that your friend is agreeing to.

Customer:

Would I have to be in Florida all the time?

Dwayne B. :

No, you aren't required to be there. You would be required to have an agent there but the attorney can be the agent.

Customer:

Good. Thank you for your answers!

Dwayne B. :

You're very welcome.

Dwayne B. :

I'm going to exit now and assist others but best wishes to you and your friend on this and please don't forget to leave a Positive Rating (of course I’d suggest Excellent!) so I get credit for my work. The website only gives credit to the expert if you give a Positive Rating.

Dwayne B., Attorney
Category: Legal
Satisfied Customers: 27202
Experience: Began practicing law in 1992
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