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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 111609
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I have POA son (financial pOA). State of Georgia with a

Customer Question

I have POA for my son (financial pOA). State of Georgia with a verbal agreement I would hire lawyer pay rehab and expenses incurred if he sign over a POA and his lawyer was aware of the agreement as well! I knew that was all the wife has been after since day one and still trying!!! So I did as instructed cashed in his 401K. His wife has been trying to get it from day one! I just got the check and she filed divorce. Adding an Automatic Domestic Standing Oder! She list the 401as an asset but failed to list her bank acct, also there are several discrepancies on it in her favor in the divorce. As to date I have spent approx. $13,000 plus and his rehab is due in a couple of days and will be kicked out and sent back to jail. I have tried to get the attorney to call me for two days just get emails from secretary said I cannot pay anything. My bank account went from 18,000 to 1,200 and I am now on medical leave not getting enough to support me! His 30 day hearing is on the 23rd I don't know what to do I NEED my money he NEEDS his rehab paid and I want to fire my attorney! It's a small community of the Good Ole Boys Club Please advise! The rehab said I could come over and they will bring him to bank can he open up an account pay me pay rehab revoke POA I'm out of it and him not in contempt!
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

The rehab center is giving you the easiest way for you to be out of the middle of this, to go to let him set up his own account and revoke your PoA. However, even though there is the standing order in place, which prevents spending of any marital assets, your son is also entitled to medical care and your attorney should be filing a motion in the court to allow that care to continue to be paid for, since not paying for it can be a danger to your son's health and he is entitled to the treatment. If the attorney is not willing to get that done, then you need to consider finding a better connected attorney in the small town (you know there are some I'm sure) who can get the judge to agree his medical care needs to be paid for out of those funds.

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