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My dad is almost 90 years old and is in the middle stages of…

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My dad is almost 90...
My dad is almost 90 years old and is in the middle stages of alzheimers. I am his oldest(68) daughter and have been his primary caregiver for several years. I hired additional caregivers to help me out with taking care of dad but it got very costly and was eating his retirement and social security up in no time, and he was not having enough money left over for his groceries, bills and monthly need. I asked my four brotheres to pitch in and help so dad could have his money stretch and take some of the load and stress off of me since I was in charge of most everything. They would only do one day a week for 7 hours which I really need them to do two, which they refuse to. My dad had given me power of attorney around 2004, a couple of years after my mother passed away and he also made a will; leaving me the house and my 4 brothers an annuity of about $80,000 (which draws interest) and which they are to split four ways upon dad's passing. But in the meantime the house and the annuity rightfully belong to him., because he is still with us. When my brothers learned dad left me the house they were upset and wanted me to sign a paper saying that upon dad's passing that the house would be split five ways. I told them that I didn't think that was legal. To get to the poing my dad needs his money for his care and they will not agree to use the annuity which has a stipulation that if dad needs it due to his health, he can use it without penelty When they found out I also had power of attorney they were really angry and wnet to hih in 2007 or 2008 and had him sign another power of attorney for my older brother when dad had already been diagnosed with alzhimers and dementia. Dad needs the the annuity money desperately for his care. I am also a senior and care for dad hundreds of hours a month. The stress and fatigue is slowely getting to me and I fear I will be ill, it I can't get relief. Hope you can help dad and I.
Submitted: 8 years ago.Category: Estate Law
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6/25/2010
Estate Lawyer: Infolawyer, Attorney replied 8 years ago
Infolawyer
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Hello and thank you for your question. What do you want to know?
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Customer reply replied 8 years ago
Can I legally request the Insurance Co.,(Farmers Insurance who handles the annuity to transfer a monthly amount of funds into my dad's personal checking account to help pay for dad's care and needs even if my brothers are against it because they want the money for themselves? I am having to put in hundreds of hours a month and pay for his needs out of my pocket because his funds do not go far enough each month. Therefore, I am being put in a hardship, and jepordizing my health. If I get sick who will take the responsibility for my dad and care for him the way he should be cared for?
Estate Lawyer: Infolawyer, Attorney replied 8 years ago
The insurer may permit it if the policy allows
Infolawyer
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Satisfied Customers: 63,687
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Customer reply replied 8 years ago
I didn't get an answer to my question!
Estate Lawyer: Infolawyer, Attorney replied 8 years ago
Your question is specific to the policy and the insurer. There is not a single answer to this question so you need to speak to the insurer and review the policy to confirm.
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Customer reply replied 8 years ago
I might have not made myself clear as this issue is kind of long and detailed. My dad has some money saved that draws interest at Farmers Insurance and which he had in his bank savings for many years for a rainy day. One of my 4 brothers has a son who is an agent at Farmers Ins. and they decided to transfer the savings of around $80,000 to Farmers in order to gain more interest. They did this after they had my dad, who had been diagnoised a year earlier with the beginnings of alzheimers, sign a paper having my older brother as an additional power of attorny -so that they could have the authority to move the money. I did not protest because I believed at the time they were doing it for dad's good. But, now realize they were doing it for themselves because my dad left them that money when he passes. In the meantime if dad needs it for his care doesn't it leagally belong to him? As one of his power of attorneys I believe that money should be used for his health care and needs because that's what he saved it for. But, my brother who has power of attorney too(under false pretensis) will not agree to use dad's money for his care and has informed the Insurance Co. not to release dad's funds. Consequently, I am paying dad's needs out of my pocket and putting in endless hours taking care of dad because he cannot afford to hire additional care giver assistance. At the same time it is taking a toll on my health. If he had the interest and a little more he could afford what he needs.I understood that as a power of attorney we must put his needs and best interest before our own. In the Insurance policy there is a stipulation that if dad needs monthly payments due to health needs; he can request it without penalty. What leagal means do I have as a co-power of attorney to make sure my dad gets his mony to pay for his care and needs?
Customer reply replied 8 years ago
Sorry, I kept referring to dad's money as an annuity - when actually it is a savings he had in a bank and they moved to Farmers Ins. to draw more interest.
Estate Lawyer: Infolawyer, Attorney replied 8 years ago
They drew money out of his account without his consent?
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Customer reply replied 8 years ago

No, they led him to believe it was for his benifit in the long run, because it would draw more interest if transfered from his bank to farmers Ins. Therefore, I did not question it. Now, dad needs his money for his care because he must have 24 hour care. The cost of care is above and beyond what he can afford monthly. My brothers will not permit me as a co-power of attorney for my dad's finances to begin transactions in requesting that the Insurance co. set up a monthly transfer of dads money into his checking account to take care of his needs. I did begin transaction on transferring dad's money at one time but was blocked by my older brother; who also has power of attorney and my nephew who works for the Ins. co as an agent. The Ins. co. indicated to me that my older brother who also has power of attorney must agree The point is that my brothers don't want that money touched because it's drawing interest and if dad passes that's when it goes to them. But in the mean- time dad is still living and it's leagally his. Is that right? In other words they are depriving my dad of what is rightfully his to help him live a quality of life while he is still living. Wouldn't this be known as- Financial Elder abuse? If you don't know the answer to my question, please just let me know! p.s. Also, with my brothers son affiliated as an agent at Farmers Ins. and overseeing dad's policy he has more influence. Thank you

Estate Lawyer: Infolawyer, Attorney replied 8 years ago
If he consented to the transfer, I do not see basis for challenging it unless he reaches out to farmer ins to get it back.
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