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my 105 year old grandmother is being defrauded by her caretaker

- ...she is forging checks...
my 105 year old grandmother is being defrauded by her caretaker - ...she is forging checks - using coercsion and humiliation and I am power of attorney over her care....she will not let me speak with her (I live in another state)and she is supported by the bank who holds the trust...can you advise of my legal rights.
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Answered in 5 minutes by:
7/12/2013
Brandon M.
Brandon M., Counselor at Law
Category: Legal
Satisfied Customers: 12,620
Experience: Attorney experienced in numerous areas of law.
Verified

Brandon M. :

Hello there.

Brandon M. :

Hi, are you able to see this and respond?

Customer:

Yes I can respond

Brandon M. :

Great. Thank you for your question.

Brandon M. :

How do you know that checks are being forced, and that coercsion and humiliation are being used?

Brandon M. :

*forged

Customer:

checks are not signed with my grandmothers signature...she is not speaking to me on the phone and Ive called her every night for 40 years...now they say she doesn't want to speak with me

Brandon M. :

Well, forgery is a crime, as is elder abuse. Have you tried contacting law enforcement?

Customer:

yes...called elder protective services and they were dismissive...is defrauding the elderly a crime.

Brandon M. :

Defrauding anyone is a crime.

Brandon M. :

Your grandmother is in Texas... in which state are you located?

Customer:

so my grandmother is 105 - she thinks this woman loves her - the woman is conning her - I of course, do not want to upset my grandmother so this insidious crime continues.

Brandon M. :

In which state are you located?

Customer:

texas

Brandon M. :

You said that you live in another state from your grandmother. In which state does she reside?

Customer:

sorry I am in eugene Oregon, she is in Corpus Christi Texas

Brandon M. :

Thank you for your patience. Please allow me just a moment while I type out the answer. Thanks.

Customer:

0k

Brandon M. :

I should start by saying that because the nuances of every situation are different, this information should not be construed as complete or advice without consulting in person with counsel. That said, the question of how to address financial abuse of an elder relative is an unfortunately common one, and there are ordinarily two options. Both options can be exercised. First, you can contact law enforcement local to where the elderly relative resides. In your specific case, I appreciate that you contacted elder protective services--that was appropriate--but I would recommend that you contact her local sheriff's office directly. Call their non-emergency number.

Second, the concerned family member can file for an adult guardianship of the elder relative. An adult guardianship gives legal authority over an adult, just like a child guardianship gives parental authority over a child. It allows the guardian to manage the ward's finances, as well as make legal decisions on her behalf. A guardian can fire any caretaker and cannot be told to not speak to the ward. Also, a guardian can file a lawsuit on behalf of the ward, which is a mechanism that can be used to recover any embezzled funds.

Brandon M. :

Does that make sense?

Customer:

what if the bank has a trust in place which gives them legal control over her finances...the bank assisted in having this woman as her caregiver but the caregiver is being payed personally by my grandmother

Customer:

can you recommend counsel in Texas who would go up against Wells Fargo?

Brandon M. :

A trustee is the title of the person who manages a trust for the benefit of the trust's beneficiary. If the trustee is mismanaging the funds, the trustee can be removed and replaced.

Brandon M. :

I'm not clear on how the bank has acted inappropriately in that situation, although it would be easy to see how a trustee could mismanage the funds.

Customer:

exactly I believe Wells Fargo has mismanaged her funds...but my 105 year old grandmother has to replace them? no?

Brandon M. :

Well, no, your grandmother does not necessarily have to replace them. Unfortunately, we are actually running up against the limitations of this forum at this point, because the trust would really need to be examined to determine what steps would need to be taken to remedy the problem, and to determine what remedy would be appropriate. I can just tell you that if the bank is the problem, that is a problem that can be fixed.

Customer:

btw can i get a copy of this question and answer sent to my email...so I can use it as [email protected]

Brandon M. :

That said, you asked about counsel in Texas that would go up against Wells Fargo. Where exactly in Texas is your grandmother located?

Customer:

she lives in Corpus Christ, Texas...and can I get a copy of this info sent to my email

Brandon M. :

I actually cannot email a copy of this to you--one of my terms of service is that I cannot have contact with customers outside the website (lest I steal their business, I suppose), but there are three ways to save a copy of this, if you're interested. Let's address finding an attorney, and then I can help with you retaining a copy.

Customer:

perfect

Brandon M. :

For the same reasons that I cannot contact customers directly, I can't make direct referrals. However, I can refer you to the Corpus Christi Bar Association, and they can make a referral to one of their members based on your needs. Their contact information can be found here: http://www.ccbar.com/resources.html

Brandon M. :

To get a copy of this conversation, you can email a request [email protected] -- our customer service folks (they would probably email it tomorrow morning). You can save the web address in your browser and return at any time: http://www.justanswer.com/law/7var4-105-year-old-grandmother-defrauded-caretaker.html . You can also highlight the text with your right mouse key, then copy and save to a new document.

Brandon M. :

Have I been able to answer your questions in a helpful way?

Customer:

yes thank you

Brandon M. :

Great. Did you have any other question?

Customer:

no you have been very helpful thank you.

Brandon M. :

Thanks. I appreciate it, and I wish the best for you and your grandmother.

Customer:

no

Brandon M. :

I'm afraid that I don't understand. I do apologize.

Customer:

no

Customer:

no my mistake..no further questions...thanks for your help

Brandon M.
Brandon M., Counselor at Law
Category: Legal
Satisfied Customers: 12,620
Experience: Attorney experienced in numerous areas of law.
Verified
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Category: Legal
Satisfied Customers: 12,620
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Experience: Attorney experienced in numerous areas of law.

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