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Could you please give me some legal advice? I moved in with…

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Could you please give me...
Could you please give me some legal advice? I moved in with my parents (kept my home) to help care for my mom. Dad died. I continued to caread for and live with my mom. Mom died. I was financial POA. My sisters turned me into DHS. I turned over the bank statements and record of CD statements to DHS. I had made sure all three of us siblings were equally benefeceries. Now my sisters are requesting the bank statements also. My sisters have tried to become really close to the DHS person. It is my opinion that DHS should do their own investigating before my sisters receive all records. What is best for me to do? Should I give my sisters all records before the investigation is closed? The information was given to DHS two weeks ago. They were anxious to write their final report. (The bank statements were for 14 months.) I may be wrong but I think DHS is waiting for my sisters to also review the statements. Please give me your legal opinion as to what I should do. Should I turn over the bank statements as my sisters requested through their lawyer as the investigation is going on by DHS or wait till the investigation is completed or should I not even give them to my sisters? In Iowa could DHS legally give all the statements to my sister's lawyer?
Submitted: 5 months ago.Category: Estate Law
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11/15/2017
Estate Lawyer: Barrister, Attorney replied 5 months ago
Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 41,155
Experience: 17 yrs estate law, real estate. Wills/Trusts/Probate
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

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Has anyone filed a probate case to settle your parent's estates?

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Is there any chance that anything improper will be found to have occurred based on the bank statements?

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thanks

Barrister

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Customer reply replied 5 months ago
There is no estate open. The CD and IRA had named benefeceries.No, all money spent was for mom's care.Also, what happens if hospital bills come in and there is no money left in checking?
Estate Lawyer: Barrister, Attorney replied 5 months ago

Ok, then if there is no probate case open, you don't have any obligation to give sisters anything at all if you don't want to. If there was a probate case, and one of them was executor, then they could obtain the records from the banks by themselves under authority of the estate.

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But a POA has no legal duty to share financial information about the grantor of that power without a court order directing them to do so.

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So if you want to share, you are free to do so, but are under no legal obligation.

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As for bills, you would just return them with a note stating that she is deceased, the estate is insolvent, and there will be no probate case filed. Only her estate is liable for the debts and if there is no money, they just don't get paid.

.

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thanks

Barrister

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Customer reply replied 5 months ago
Can DHS legally give a copy of the statements to their lawyer or have a meeting and let my sisters see them?
Estate Lawyer: Barrister, Attorney replied 5 months ago

No, there should be confidentiality rules in place for DHS that prevents them from disclosing personal and confidential financial information to anyone without written request from them and permission from the owner/agent of the information.

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Estate Lawyer: Barrister, Attorney replied 5 months ago

Hello again,

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I just wanted to touch base with you and check in.

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Did you have any further questions I can help with?

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Thanks much

Barrister

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Customer reply replied 5 months ago
I do have another question that I will send tomorrow. After that I will rate. Thank you.
Estate Lawyer: Barrister, Attorney replied 5 months ago

No worries, take all the time you need. I should be online tomorrow evening.

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Customer reply replied 5 months ago
I'll try to make a long story short.My mom went into the hospital in March. She received a trac. From the hospital, she went directly to a nursing home. In the hospital, she received heal protectors that cost $1003.94. Not all bills have been received yet. Therefore, I am not sure if insurance or medicare paid completely for the protectors. While at the nursing home, the protectors were taken off and lost by the staff. SHOULD THE COST OF THE PROTECTORS BE TAKEN OFF THE APPROXIMATELY 3 WEEK BILL FROM THE NURSING HOME? My mom's 100 day skilled care period was paid for completely by her insurance supplement. She was at the home about 22 days with her paying. I paid $6513.01 with $1003.94 not paid.The home mom was in never had a respiratory doctor come see mom. When the paramedics took mom for a hospital visit, they lowered the oxygen from 10 to 4. The paramedics asked why it was on 10. The nursing home tried to kill mom by giving her 2 narcotics at once.My daughter had temporary health POA. She had scheduled mom to be transferred to another nursing home. That day my sister called objecting to the transfer. The nursing home cancelled the ambulance and refused her transfer. Two days later the temporary health POA was taken away from my daughter. The state was given control. She had her food and water taken away and lived seven days. The nursing home said my daughter interfered with the nursing home's plans. The home wanted mom to die. I have pictures that show mom's legs hanging over the bed and her half naked. (So sad) The home turned my daughter into DHS. My daughter has about 20 letters from people telling about her good care. My sister turned me into DHS for financial. I have nothing to be ashamed of. I asked my parents lawyer any questions I had. I sold my parents home at appraisal value to my son. I have a letter stating that was my parents request. I saved 6 months of utility bills. In the 14 months my daughter or I lived with mom, we saved that much in nursing home care. DHS has those 14 months of financial records. I want DHS to review them without help from my sisters, one in particular. I feel as though my sister is out to destroy me. Whenever my sister called, dad would say, "How much do you need now?" IS IT WRONG I HOLD ON TO THE FINANCIAL RECORDS AND LET DHS DO THEIR JOB? I believe my sister has a lot of influence with DHS. My sister is very good at influencing people.My daughter was told it was illegal for the nursing home to block mom's transfer since my daughter had POA. IS THIS TRUE? The transfer was for better care.HOW DO YOU FIND A LAWYER THAT HAS EXCELLENT RATINGS? Is there a website to look at?My parents had money at a state bank. The bank would not release the money will all three daughters signed. I had not signed. My sister had her lawyer call the head person. My sister was then able to get her money. The person who handles CD's said that has never happened before. IS THERE A LAW THAT SAID THE STATE BANK HAD TO RELEASE THE MONEY?If this were private, I would have more questions.Thank you so much. I truly appreciate your legal advice.
Estate Lawyer: Barrister, Attorney replied 5 months ago

I am going to have to opt out as this is way off the topic of the original question about DHS and the bank statements..

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thanks

Barrister

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Estate Lawyer: RayAnswers, Attorney replied 5 months ago
RayAnswers
RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 46,474
Experience: Texas lawyer for 30 years in Estate law
Verified

Ray here a new expert/

You may have a civil suit against the bank here if they did not have legal authority to release the funds and it does not sound like they did.The nursing home should have honored the POA here it was a legal document if signed, and notarized, etc.Again you may have suit here for the care, and the actions of nursing home in all of this.The estate could file such a suit and seek recovery including legal fees.

I like AVVO because they have good ratings system look for a 10.0 with lots of reviews.I have found them to be spot on.

I appreciate the chance to help you tonight.Thanks and thanks for rating 5 stars.

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