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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 11798
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I had a stroke in May of 2015 and gave my daughter my Power

Customer Question

I had a stroke in May of 2015 and gave my daughter my Power of Attorney over my medical and financial matters. In the meantime, I sold my home and she placed the proceeds from the sale into an account with just her name on it so that there would not be a large sum of money in my name when we applied for Medi-Cal in order for me to receive added assistance with my medical expenses. Now, I am making plans to move into an assisted living facility out of state and since she has washed her hands of me refuses to hand over the money allocated from the sale of my home to me even though I have rescinded the Power of Attorney. I need to know my recourse in this matter other than taking her to court which would only deplete the amount of my savings. Please help...
Submitted: 1 year ago.
Category: Family Law
Expert:  MIAMILAW1127 replied 1 year ago.

Hello Kathryn. My name is***** and I'm going to be assisting you with your question.

Expert:  MIAMILAW1127 replied 1 year ago.

Unfortunately, there is little you can do at this point without taking her to court.

The only option you would really have would be to speak with her directly and convince her to return the money. If she continues to refuse to do so, your only option would be to take her to court for breaching her fiduciary duties to you through the power of attorney you had previously granted her.

Customer: replied 1 year ago.
I cannot call right now as my daughter is in the next room and will hear everything. We had a very heated argument this afternoon over this matter and I do not want her to know that I am speaking to an attorney just yet. I will be able to call tomorrow when she goes to work.
Customer: replied 1 year ago.
How do I speak to you online right now though?
Expert:  MIAMILAW1127 replied 1 year ago.

We can continue speaking on this site if you'd like.

Customer: replied 1 year ago.
that would be fine
Expert:  MIAMILAW1127 replied 1 year ago.

Ok. Please advise as to when you are available.