Hi my name is XXXXX XXXXX X live in Arkansas. I first want to thank you for this opportunity to speak with you. Try to be as brief as possible. :) I have lived with and worked for my elderly grandmother for roughly 8 years. She has paid me, as a caregiver, for my services. She was living off money from bank cd's and social security. She had plenty of money; so we thought. She recently depleted her cd's and now she is living on s. Security alone. My dad and mom, who live next door on their farmland recently set up budget for my grandma. My salary was cut by 50%. And also eliminated many services, accounts and the like so she can live on s.security alone. A very important note: grandmas husband, my grandad, owned 850 acre rice and soybean farm. He had altheimers disease, and in his advanced stages, my dad and his sister made him sign the land and house and everything "down" to his 2 kids. They totally bypassed my grandma. The one I've been taking care of. She doesn't get any farm income, sign rentals, or anything. All goes to her two kids. She doesn't even own the house she has lived in for 52 years. As stated earlier, I live in house with her. Ok. Several years ago, she told me I could have her car. I got used car in '06 and use it for her appointments and her transportation and etc. So she let my dad use it since we weren't . Around '07-'08, she told me I could have it. I approached my dad 1 week ago and he said "No". My grandma also told me I could have old farm equipment to use or sell. I did take one piece and sold it and paid bills. Now he says I owe that money to grandma, and he is not going to write my paycheck if I don't give money from the sale. It was only 265.00. He has power of attorney.
State/Country relating to question: Arkansas
What is your grandmother's mental state. Is she able to make decisions for herself? NOTICE: My goal here is to entertain while educating the public about the law. I hope my answer is useful and informative to you. During our conversation, the website may ask you to rate my answer. If you rate my answer lower than the middle rating, then the website retains your entire payment, and I receive nothing. It is entirely your choice as to how you rate my answer. However, because your payment to me is in the nature of a donation/gift, rather than as compensation for any services rendered, you are entitled to know how your rating affects the final distribution of your donation. If you need to contact me again, please put my user id at the beginning of your question ("To Socrateaser"), and the system will send me an alert. Please Click the following link for IMPORTANT LEGAL INFORMATION. Thanks and best wishes!
,Yes. My grandma is very lucid and makes all decisions by herself. I wasn't able to finish earlier. Ran out of space. My dad has turned into someone that I never knew existed!! He has become very mean, very quick. See he and his sister don't want to have to pay any of their mother's bills. But yet they happily receive all farm rental income with a smile and don't offer her any. Ok. Shifting gears. My granny and I were discussing the situation last night and I got frustrated and got ul and started to leave the room and I slapped stuff off of my end table and strewn picture on floor. I then left to attend a planned function. Well, came back and my dad had gone to sheriif's office, and good family neighbor was at grandma's. I guess me losing my temper shook grandma up. I did not go home. Didn't want to at the time. I assume my dad is going to try and tell me to leave the house and property!! I need your help. Stan Rochelle.
Great. Real simple solution. You can have your grandmother sign a new power of attorney making you the "attorney-in-fact" (the person appointed under the power of attorney to act on behalf of your grandmother), and a letter to her son revoking his power of attorney, effective immediately. You will need to have both documents notarized, but you can hire a notary to come to your grandmother's home and notarize the documents. Or, you can take your grandmother to a lawyer, and pay to have the documents professionally drawn up and have the lawyer send them to your father. At that point, you could transfer title to the vehicle to yourself, control your grandmother's bank accounts and social security, and your father would be completely cut out of the deal entirely.It may seem unreasonably expensive, but in my opinion, if you can scrape together the dough, you would be better off having an attorney handle the details, because it will cause your dad to understand that there isn't anything he can do to stop things, since apparently your grandmother made the decisions herself with legal counsel. For an elder law attorney referral, see this link. I cannot draft documents in this forum for you -- otherwise, I would do so.Hope this helps. NOTICE: My goal here is to entertain while educating the public about the law. I hope my answer is useful and informative to you. During our conversation, the website may ask you to rate my answer. If you rate my answer lower than the middle rating, then the website retains your entire payment, and I receive nothing. It is entirely your choice as to how you rate my answer. However, because your payment to me is in the nature of a donation/gift, rather than as compensation for any services rendered, you are entitled to know how your rating affects the final distribution of your donation. If you need to contact me again, please put my user id at the beginning of your question ("To Socrateaser"), and the system will send me an alert. Please Click the following link for IMPORTANT LEGAL INFORMATION. Thanks and best wishes!
,In the mean time, several questions. I didn't do anything legally wrong to neccesitate ssheriff going to grandmas house? As stated, I drove by house but didn't stop. I'm waiting for sunshine (morning) to go back. What if he has locked doors and etc. And demands that I leave? What next? Question of Squatters Rights and Adverse Possession?
I didn't do anything legally wrong to necessitate sheriff going to grandmas house?A: I have no idea. Your dad could try to get a restraining order against you -- which would pretty much put an end to your situation, because you would have to vacate the premises and not come within proximity of your grandmother for at least a year. However, to get the order, your grandmother would have to testify that she's afraid of you. If she does, then you're toast. As stated, I drove by house but didn't stop. I'm waiting for sunshine (morning) to go back. What if he has locked doors and etc. And demands that I leave? What next? A: It's up to your grandmother, assuming you can talk to her. Your dad can't keep you out of the property if you've been living their for a long period of time, without suing to have you evicted. But, if your grandmother is convinced that she doesn't want you there any longer, then that will be the end of things.Question of squatters rights and adverse possession?A: You have an at-will tenancy right now. Without a restraining order from the court, you cannot be kept out of the property -- unless she sheriff intends to play games with the law. Legally, without a restraining order, the sheriff would have to permit you to return to the residence, even if your father tries to stop you -- you could call the sheriff and they would have to side with you. But, what's legal and what actually happens is not always the same thing. If the sheriff won't help, then you would have to sue your father and your grandmother for wrongful eviction and for a restraining order to reenter the property. It could get quite messy in a hurry.You'll just have to wait and see at this point. If it were me, and dad were telling me that I had to leave, but he didn't have a restraining order, I would ask to go gather my possessions, then I would enter the property, go talk to my grandmother and try to convince her to let me stay (I would also have a small dictation recorder with me and I would record everything that was happening, so I had evidence, if needed for court). I'd stay calm and I'd stay put, because once inside, legally I could not be removed without a domestic violence protective order.And, if I were to convince grandma to let me stay, then I tell dad, "bye bye," and then I'd just go about my business (secretly hoping that dad would get violent, at which point I would dial 911 and dad would be out of the picture permanently). Hope this helps.
,One more question, please. Did I do anything wrong by pushing the pictures around and pushing coffee table around? In other words, can sheriff arrest me for that? Do u think sheriff showed up just to check things out, check on granny, and let me know that I need to settle down? I hope that is all.
You probably frightened your grandmother. That could be grounds for a restraining order. You can't be arrested for that, but you could be booted out of the property, if your grandmother obtains a restraining order against you. Hope this helps.
,Socrateaser, I thank you so much!! If I was close by, I would give you a mighty big hug!!! Truly, Stan Rochelle.
You're welcome and good luck!
Attorney and Real Estate broker -- Retired (mostly)
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