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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 117370
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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Beautiful lady I been power of attorney mother years The

Customer Question

Hello beautiful lady
My name is Diana
I been power of attorney for my mother for four years
The last4 months of this year 2015 I hired myself as her home care agent because the one I hired for her for the past 3 years left her due to her father's illness, So I took over, out of that four months I paid myself a salary that may total the sum of 3,600 for her care at 24 hours on some days, Was I wrong? My sister is bringing me up on charges saying I stole my mother's money, In that time also I hired a young man to help me out on some days, I had to let her go, she is now filing along with my sister saying the same thing I didn't pay her fairly, when the pay is at 10$ and hour, she is not calling me cheap, counting pennies, maybe was stealing it for herself she told my sister, she went as far as written a statement with false information, calling me names as I'm a lesbian because I have cameras in my mother's home to watch te agents in making sure they are doing a good job, now that is plenty sicking , to spread lies about me in my time of grief, I lost my husband and my son the same year, how dear they use my weakness of my grief against me like I'm a pushover, what can I do?
Submitted: 1 year ago.
Category: Family Law
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.

Legally, a family caregiver can be paid for the care they provide. If you were power of attorney and you had control over your mom's estate and you were performing duties for the estate and you charged no more than you would have had to pay someone else to perform those tasks, then it is not illegal.

It is going to be up to you to provide proof that what you paid yourself to do the tasks you previously paid someone else to do was the same amount of money. The issue with being accused of financial abuse is that the person in charge of the money was not using the money properly and was taking money they were not entitled to take. So if you can show what you took was no more than you were paying others and show you were doing the work yourself because of the circumstances and you were indeed providing the care you said you were performing, then that is not sufficient grounds to find you guilty of any financial abuse.

I do not know why you cannot find a local elder law attorney to represent you in this, but they are the ones who typically deal with these cases unless adult protection wants to charge you with financial abuse, in which case you would need a criminal defense attorney at that point.

If she is making known false statements against you, once you prove you did not do these things, you could then seek to sue her for malicious prosecution for her making these false statements against you and seek the money damages for what she has put you through.

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