I have my only parent my 85 yr. old mom who has had dementia
Hi, I have my only parent my 85 yr. old mom who has had dementia now pretty good for about 6 months, and is living in her own home with her 59 yr. old son, my brother, who has some psychiatric issues himself. They've been together the whole time and she prefers it that way now that she is older.I am the POA, and successor trustee of her revocable living trust and live 45 min. away and do her online banking for her (most of her finances, period). I have seen debit withdrawals in excess in about 2 weeks and brought to the banks attention. I had asked my brother first and on 2 separate accounts who does not have authority with any of my mom's bank accounts but does upon my mom's request to take cash out at the same local branch. I am worried because of her forgetfulness maybe he is asking her for money for 'them' that he knows they just took out yesterday, etc... He has stated he is not taking anything out as to more an usual so I alerted the bank and asked to please provide video coverage. They have cancelled all debit cards and have suggested to have my mom come into the branch to withdraw funds when needed. I told my brother the case and it is HER accounts and you may sit with her but not direct her in her financial affairs. He's been coming in too frequently since then to which he speaks on her behalf and the bank has alerted me this and in the next 30 days I must have her deemed incapacitated with 2 Dr.'s which I knew was coming eventually. When she does come in they tell me she is not lucid and can't speak on her own behalf. I understand the bank is protecting their client, etc...The bank is pretty certain it's my brother because of his insistence coming into the bank to withdraw money and constantly asks why he can't have a debit card, or my mom. I've forewarned him beforehand that I had carried out the concern of monies withdrawn and that I've asked the bank for video footage to which he was unaffected by it originally. But, since the bank called and alerted me to my next move they shared with me upon my brothers insistence on withdrawing money they told him they are waiting for video footage that I had requested, to his surprise! The bank has alerted me that they may have to file a police report, if and when video footage proves. My question is now what happens possibly?? Would he be able to still live with her? I am hoping that he still can. Things were fine up until this debit withdrawal issue arose. I don't see elderly abuse, except maybe the beginnings of this which I hope will put an end to it QUICK. As of the last few weeks things look much better. I am worried because of the police report everything will fall apart. I don't want to press charges if they ask me. I don't mind the police report if it's just that. It may do my brother some good for pushing it anyways. I am always checking in with my mom asking her about her money and that she needs to go in about every week to take cash out if needed. She does have a credit card and that's it. I'd prefer she use the CC mostly so I can keep track of purchases, etc. So just worried about the outcome of a police report, if so, and what that may mean to both their living arrangements...or anything else I need to know??I am trying to keep her happy living at home...she has a reverse mtg.
I'm being accused of Financial Elderly Abuse with my husband
I'm being accused of Financial Elderly Abuse with my husband who is 27 years older than myself. I met Joe in Sept. of 2013. He was married to Patricia of 48 years. She passed away in Sept. of last year 2015. She was a wonderful lady and a true pioneer for women. She taught me so much even though she was sick and stricken with dementia. Joe got sick in Sept. of last year too with a stroke. It wasn't a bad one but it did affect his left leg and left arm and hand. He's getting physical therapy at home but due to his age it's a slow process. He's ok but since we are struggling financially because the lawyer is not following his wife's trust and not helping us with medical bills, Joe is stressing out and losing fight. I need help with the medical bills and caregiver bills and then things would be so much better for both of us. I feel so helpless for my husband, he is against it all and we have gone to lawyers for help and we have been charged thousands of dollars and none of them are listening to him about what he wants. It has to do with his son's which he has not had a relationship with for many years. They never bothered with him until the day his wife Pat died, then they started calling and making as if they cared but it was quite obvious that they were not thinking about him but her money. They want me out of the picture and Joe keeps telling me not to worry they can't do anything but they are. So, now I need someone who wants to help me out with the legal part of it because I don't know my rights as his wife. It is very complicated and frustrating but I know God is the overseer and if anyone can help me and Joe it would be an absolute miracle. Does anyone feel led to help an unordinary couple that love each other very much in spite of all that we're up against?
I am a 64 year old mother/grandmother. I have one child, a
I am a 64 year old mother/grandmother. I have one child, a daughter who I raised as a single parent with no support from her father. I live in a house owned by her and she is now evicting me after living here 20 years. The emotional abuse I am getting from her has sent me to my doctor who has increased my anxiety meds to the max that is allowed.He has sent me to a psycologist for therapy which I really don't have the resourses to cover. I am on disability from SS. I had a heart attack several years ago due to nothing but stress. My doctor is worried about it happening again. I am having anxiety attacks so often that I sometimes feel as if I'm going to die.....not being able to get my breath. I have no place to go.She keeps messaging me and I ask her to leave me alone. Is this considered elderly abuse in Ohio?
I was working with my two sisters on locating an assisted
I was working with my two sisters on locating an assisted living for our 94 year old mother. In hindsight, we made the mistake as an interim action to have my mom stay with my older sister, after she had lived with my younger sister.I have learned that there is some very serious friction between my two sisters, and some at a lesser level between each sister and my mother.Now, because I agreed with one sister on how to proceed, the other has become hostile toward me, and has decided to leave us completely out of the decision process for my mother. Each sister has complete PoA for my mother, as they all live in NY state, and I do not. Now, the questions:Q1. Can my sister legally prevent me from visiting or speaking with my mother? I would think that I would have had to do something to warrant a restraining order, or in some other way be a potential health risk to my mother. Further, I would think that what my sister is doing is unlawful (NY Office of Children and Family Services) or considered elderly abuse.Q2. If we locate a facility, and my Mother (if she's allowed) visits and approves, can we proceed, as each sister has independent PoA. Note; this was approved by my mother, who is still considered competent.Q3. What recourse do I have if my sister prevent me from visiting or speaking with my mother?This has really blindsided me. I only thought these things happened to someone else.
My roommate who is 65 years old female and I got into like a
My roommate who is 65 years old female and I got into like a verbal argument like fight about a week ago. It's our first fight argument that we've had in like eight months would be together always got along. We were yelling screaming and shouting I never touched her i did go very close up to her face when you close and start screaming at her and I didn't break a place I threw on the floor near my feet not at her she's has claimed elderly abuse and a restraining order against me not allowing me to go home for the last weekI'm preparing to respond to my restraining order what is the most important thing for me to get across to the judge beside fact that I did not push her hurt her we've been getting along for nearly 9 months. the first fight I would have the reason why she's doing this she wants me to get the room rented to Airbnb what should I say words like can you give me to make this go away It just seems quite a jump to go from one are you going to elderly abuse restraining order can go back to my house for one week so proud of my work bye-bye have money just one argument between I just can't believe this but I really want to respond well
This is a question of family but I'm not sure if you can
This is a question of family but I'm not sure if you can help.My mother in law has been given power of attorney of her mother. She then got her mother to give her the deed to her house in Colorado, the house was paid and clear. She then put a heloc to do remodeling and pay off her 80ft motor home. She goes through mental break downs of taking care of her 85 yr old blind mom. She has driven all her family out of their lives. She came to California to live in our house to get help to take care of her mom but when she gets stressed and when things don't go her way, she leaves. She took her mom on a 3 month travel up north then to Canada and wherever else they went. She came back stressed out about being with her mom in close quarters and now she is having issues with me and wants to move back to Colorado and is taking her mom.She has her temper tantrums and cries and has no control over her emotions and yells at her mom saying she just doesn't know how to care for her. All the family
My deceased husbands father is 97 an loosing his mind. We
My deceased husbands father is 97 an loosing his mind. We can't get him not to drive even though he has had a lot of wrecks. Yesterday he decided to go to our local Cracker Barrel and wind up in a wreck in Louisvile Ky which is 45 miles from where he lives.The officer said he was confused an thought he was in Indiana and Roosevelt was president. He lives with my son his grandson in Corydon, Indiana but they weren't home for the holiday weekend. I got the call. This is not the first time something like this hashappened. My son can't stop him from doing what he wants. He says he can take care of himselp. My question is : he lives with my son. He gave my sons children his farm 6 to 8 yes ago. If he has an accident an is sued can my son be held responsible. He liveswith him and has medical power of attorney but not a poa. My sons wife is a nurse as well so they know his mental condition.
My mother now 70 moved in with me (now a 35 year old single
My mother now 70 moved in with me (now a 35 year old single mom) 5 years ago. It was supposed to be temporary, she forclosed. She refuses to move. She pay nothing. No rent, no water, no electric, nothing. I have told her I would buy her something pay her rent on an income based elderly appt. She refuses and says its none of my business what she is doing. This makes a VERY tense situation so at this point we don't talk. She is competent, drives, buys her own food, etc. I have got wind from a family member that she might call a report in for elderly abuse because we don't talk and because I have a leak for the third time and have to turn the water on and off until I get paid to fix the leak. I have NEVER "abused" anyone!! Please help what is the right legal step to get her out!! She is manipulating my daughter and creating all sorts of drama.
I am listing the facts, as I know them and related to me. This
I am listing the facts, as I know them and related to me. This is related to the actions of two sisters (Heather and Nancy) against another sister Sandra shortly before and after the death of their mother on September 18 2013. 1. While the mother was suffering from dementia Nancy had herself added to the dead of the house on 5-8-2008.2. Sandra has lived at the family home for the past 3.5 years (since 2009) caring for her Mother. The other sisters did not reside at the residence. Sandra took care of all financial matters paying bills and taking care of leasing of rooms out of an account jointly controlled by the Mother and Heather.3. Nancy had a restraining placed order against Sandra 8/2013 to stay away from the mother (Sandra was the only once caring for her mother at the time) The court convicted Sandra of refusing to obey a restraining order. Sandra was never served the restraining order. She pleaded guilty and went back to the house. There is no restraining order against her currently (that we know of and we don't know how to find out)Count ChargeSection ChargeStatute Disposition DispositionDate01 166(A)(4) Penal Code Guilty/Convicted 08/30/20134. There was a Will (which we cannot locate) that stated that on death that the property was to be split equally among the five sisters. However we cannot locate the will. The other two sisters Yon and Jayne were not involved in anything yet.5. After the mother funeral the sister Heather and Nancy entered the house and took many belonging to both the mother and to Sandra and threating to kill Sandra. But there were no witness other than Nancy's husband. She also told Sandra she had to vacate the premises immediately. 6. A little time later Sandra's computer was broken into, all her records were taken, Her personal address books were taken and her jewels and the house phone was disconnected. Basically all documents in the house were taken including the will. Sandra has not been notified that any probate action has been initated.7. After the mother death Sandra was so devastated she did not what to spend time in the house. She also was in fear of violence from her sisters. She would come back to pick up some of her belongings from time to time and deal with the bills and tenets8. On October 31 she returned to pick up some items and went to visit neighbors. Heather and Nancy followed her that day and at one point blocked her parked car. Sandra went to neighbors house. The police came and arrested her while the sisters were at the end of the driveway of the neighbor's house. The sheriff did not say what the crime was, he did say to Sandra while in the police car that this was a ‘false arrest' by her sisters and she should follow through. 9. She was held for 4 nights and 5 days in prison before her arrangement She was released with the description below. 10. Case No.: XXXXXXXXXX Court Name: VAN NUYS MUNI CT DIV 100 Court Address:XXXXXMALL Court City: VAN NUYSUPT Bail Amount: 0 Fine Amount: .00 Court Date: 11/04/2013 Sentence Date: 11/04/2013 Number of days Sentenced: 0 Disposition Code: 49B1 Disposition Description: RLSE BY PEACE OFCR - INSUFF COMPLAINT11. I phoned the public defender and they said that they never got to see the case. But they did say that the charge was Breaking/Entering and theft of property.12. Sandra wants to stop being followed and harassed and purse a ‘False Arrest' action on the basis that her sisters knowing gave the police false information. Her sisters knew that she was living there and she was not legally asked to leave.13. Sandra and I went to the sheriff on 11/06 to get the copy of the police report. They refused to give it to us because ‘she is still a suspect'. What we want know now is….• We are most concerned about finding out the details of the reason she was arrested and weather she can be arrested again after further investigation. How can a person be arrested for removing her personnel belongings from her place of residence (we are assuming this was what was claimed). We really don't know what we need to do to get this information.• We like to pursue a False Arrest charge. But we need the information above. I really don't know if we have a case. Heather is on the Deed to the house but can she have her sister who lives there, barred from entry and arrested. We have no idea what she told the police or if she is liable for a false statement claiming she owns the house and she was breaking in.• Can Sandra enter the house to get her belongings at anytime or what rights does she have to enter and stay at the house if she chooses to. Can Heather enter the house anytime and what are her rights?• Since the will cannot be found and Sandra has not been notified of any probate action then what is the next step. Should she initiate it and can she continue to live in the house while probate is being processed? If the will cannot be produced ca