Legal

Ask a Lawyer and Get Answers to Your Legal Questions

Ask a Lawyer,
Get an Answer ASAP!

Legal

Please forgive this long letter. But we need help. A

Customer Question
Please forgive this long letter...
Please forgive this long letter. But we need help.
A caregiver has filed a motion based first on a bogus (on many different levels) contract for services from "July 1, 2014 to April 14, 2015 as a permanent seven (7) days a week full time live in caregiver".
Foremost, my then 87 yr old Uncle who was not rich, but had a rooming house, had signed a contract (that I have) June 23, 1914 for services with an agency so he could have 72 hrs of care every other week so he could have chemotherapy. This agency employed the claimant who we met as a prospective caregiver from the agency June 23, with her first day of service being June 30 to July 1, 2014. The Agency had invited the Dept of Aging Resident Care Coordinator to the signing meeting (where she also met the claimant) to see if my Uncle qualified for Community Care Program Funding to defray the cost of the Service until his 90-day waiting period for his federal long term care insurance would be met because otherwise he had to pay out of pocket (Which he did, $2,200 for the month of July).
The Depart of Aging approved 22.5 hrs a week August 14 and named the claimant as the caregiver and (Niece?, another story of intrigue). August my Uncle wrote a check (that I have) to the claimant for $700 (memo-line, house work). There is evidence that he paid her in cash while the Depart of Aging sent different caregivers from August 31, 2014 to March 5, 2015 when he was admitted to UofC hospital, thereafter he never returned home and died June 5, 2015.
Large Print notes written by the claimant to my Uncle after March 20 said that he owed her for last month's rent (she had been barred from seeing my Uncle from March 6- March 20). Another note said, do not tell anyone you are paying me cash (which we got when we had a locksmith and Police remove her from my uncle's home April 15, 2015. I do not know when she started living there but she kept her apartment in HydePark. I have signed rent receipts, one written to my Uncle to cover late charges from the owner of the building in February, 2015).
There is also an identical Homecare Service Contract that the claimant had prepared for the Guardian's court case (another story who were called in for help March 18, 2015), where she was claiming against the estate July 8, 2015. The contracts have the exact same wording and pagination but a different date of service of July 1, 2014 to March 30, and different forged signature for my Uncle. His signatures can be compared to those on his checks and contracts with the other agency and other vendors. The fact that she signed his name to a Bogus Power of Attorney she also noted in a Note to my Uncle, claiming that she was using it to get him out of the Resident Care Facility and tat he could change it later if he wanted to. There were also note about them getting married.
There is also a host of evidence that he had paid her. He also told the Dept of Aging Adult Protective Service Supervisor March 10, 2015 (who I had called also on March 10) at the hospital that he had been paying the claimant cash about $800 per month. Large print notes from the Claimant had asked that he not tell anyone that he paid her cash tell them you are waiting for long term care to come through. There is a host of evidence that include money laundering and a mind boggling host of elder abuse scams perpetrated by the claimant many involving bogus Police Reports that the claimant made, one of which went to court that she also lost, was dismissed. A bogus charge accusing my son of threatening to kill her on the same day she told the watch off my Uncle dead body at the wake that led to a Police Report being file, and her arrest on July 8 from the Guardian Court Hearing where they were closing their case for guardianship and she was there to claim against the estate with the first bogus contract.
My question is: Where do we look for a lawyer with expertise in defending such a case and what kind of a lawyer would this be? Clearly crimes have been committed by the claimant whose Bogus: Charges, Police Reports, Trials that include also the use of aliases has demonstrated an arrogance with respect to the judicial system that she has been successful with in preying against the elderly.
Thank you
Submitted: 1 year ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Answered in 6 hours by:
5/2/2016
Lawyer: Phillips Esq., Attorney-at-Law replied 1 year ago
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Legal
Satisfied Customers: 19,821
Experience: B.A.; M.B.A.; J.D.
Verified
First, if this has not been done, you would need to file complaint against her with your District Attorney's Office--the Office where your uncle's residence is located. As for the civil case, you would need an Attorney who handles probate litigation to assist you in sorting out all these issues and making sure that she reimburses the estate of your uncle what she illegally received and also stole from your uncle. You can use the following sites to find local probate litigation Attorneys: Lawyers.com Justia.com Findlaw.com Kindly give a positive rating to my response so that I can receive credit for responding to your post. There is no additional cost to you for doing this. Thank you for your cooperation.
Ask Your Own Legal Question
Customer reply replied 1 year ago
We have a probate lawyer who has worked on settling the estate, and there is a will that the caregiver claims to have but we have not seen that yet.. He is overwhelmed by the criminal aspects of this suit has done well with the probate matters of the estate.
Lawyer: Phillips Esq., Attorney-at-Law replied 1 year ago
The criminal matters are supposed to be handled by the prosecutor's office. However, the Personal Representative of the Estate/Executor of the Estate and the Probate Attorney are supposed to assist the Prosecutor in gathering information needed to prosecute the caregiver. If your Probate Attorney appears the be overwhelmed, then may he should just concentrate on the probate aspects of the case and let the Prosecute deal with the criminal aspects of the case. Or you may consider convincing the Attorney to retain additional probate litigation Attorney to assist him. Kindly give a positive rating to my response so that I can receive credit for responding to your post. There is no additional cost to you for doing this. Thank you for your cooperation.
Ask Your Own Legal Question
Customer reply replied 1 year ago
After rereading your reply, I feel I have not made the point clear. The caregiver's motion is set for hearing in June. Our Probate attorney tried to have it dismissed because she had not paid the fees.
The Motion is based on a bogus July 2, 2014 contract that did not exist until after his death. Instead, my Uncle had signed a contract with the agency that the caregiver worked for. She is claiming to be an independent provider with her own agency. The claim is outright fraud. She also claimed that she was a permanent 7 days a week live caregiver and that she had not been paid for services from July 1, 2014 to April 14, 2015.
In fact, she worked for the Agency that my Uncle did sign a contract with during the month of July, we have invoices from the agency as proof. We have Dates of Service and the pay rate from the Dept of Aging where different Caregivers worked 22.5 hr a week from August 30, 2014 to March 5, 2016. So her claim of being a full time permanent 7 days a week live in caregiver is also fraudulent. The information from the Dept of Aging for the caregivers was used to obtain refund for premiums that continued to be deducted from his retirement annuity until his death, June 5, and that should have stopped once his 90 day waiting period ended in December.
So the first month she was paid by an agency, she certainly did not live at my Uncle's then and there were a series of other caregivers also providing care until he went to the ER March 5, after which he never returned home. We also have evidence that my Uncle paid her starting in August at first by a check and then cash.We have a probate lawyer. who has been working with problems of the estate and has done a good job with these matters but not with the criminal activities of the caregiver and there have been many. We need a lawyer is has worked with caregivers involved with elder abuse.My interest now is simply being protected from this caregiver. I want these bogus Motions to stop. I do not have the money (nor does she) to carry on in court and my probate attorney rates are extremely high as well.
Lawyer: Phillips Esq., Attorney-at-Law replied 1 year ago
I have nothing else to add. So, I will opt out and give another Attorney the opportunity to further assist you.
Ask Your Own Legal Question
Customer reply replied 1 year ago
Thank you. Sorry.
Ask Phillips Esq. Your Own Question
Phillips Esq.
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Legal
Satisfied Customers: 19,821
19,821 Satisfied Customers
Experience: B.A.; M.B.A.; J.D.

Phillips Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,218 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,218 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

41,455 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

287 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
When revoking an IRS Power of Attorney (by writing "Revoke"
When revoking an IRS Power of Attorney (by writing "Revoke" on form 2848 with date and signature)...when is the effective date of the revocation (1–The signature date when “Revoke” was written on the … read more
Phillips Esq.
Phillips Esq.
Attorney-at-Law
19,821 satisfied customers
How to write a durable power of attorney/ No paper work
how to write a durable power of attorney/ JA: Can you tell me what state this is in? And just to clarify, what paperwork has been filed? Customer: no paper work filed in the state of Kentucky. JA: Hav… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,903 satisfied customers
Can a medical pot and durable power of attorney keep me from
can a medical pot and durable power of attorney keep me from visiting my mother with out him being there … read more
Damien Bosco
Damien Bosco
2,991 satisfied customers
My employer did not take my insurance premium out of my
My employer did not take my insurance premium out of my check when I started working there. They were to take $300 every two week or $600 a month. I will admit I didn't look at my check close enough. … read more
Olivia Kent
Olivia Kent
Managing Partner
Law (J.D.) and Medicine (M.D.)
1,421 satisfied customers
Does a general power of attorney cover medical decisions and
does a general power of attorney cover medical decisions and financial decisions? … read more
Bill Attorney
Bill Attorney
law
1,415 satisfied customers
We are getting a durable power of attorney signed by mother
We are getting a durable power of attorney signed by mother in Texas. My sister will be the agent. Can I be one of the 2 witness signatures that is needed? … read more
Ray
Ray
Lawyer
Doctoral Degree
30,190 satisfied customers
Have power of attorney in michigan for Mother in law. Taking
have power of attorney in michigan for Mother in law. Taking care of her...she is in assisted living memory care unit. She has lost short term memory and we need to legally sign docs for her under pow… read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
34,897 satisfied customers
Can a power of attorney be verbal. In colorado nothing has
in colorado nothing has been filed has given verbal dnr … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,451 satisfied customers
I have a question on misuse of power of attorney. Pa not
I have a question on misuse of power of attorney JA: Can you tell me what state this is in? And just to clarify, what paperwork has been filed? Customer: pa not sure , i'm left on the dark on that JA:… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,903 satisfied customers
What does it mean on a power of attorney when it say to
what does it mean on a power of attorney when it say to handle all maters concerning my life insurance, excluding the right to change beneficiaries, method of payment of insurance proceeds. my son is … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
If there are 3 children appointed as power of attorney.
If there are 3 children appointed as power of attorney. Should all 3 act together on decisions of what is to be done. Or is it ok for one to act alone without notifying the other ones involved? … read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
34,612 satisfied customers
Iam trying to buy a condo the person with power of attorney
Iam trying to buy a condo the person with power of attorney hasnt got clear title yet condo association daid i must be out end of month though it a lease buy u cant rent the condo herr mabank tx… read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,218 satisfied customers
Is it possible to fill out a power of attorney giving
Is it possible to fill out a power of attorney giving someone else authority while i'm away or in a different country from that person.… read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,072 satisfied customers
Power of attorney financial help, Michigan just for medical,
Power of attorney financial help JA: Can you tell me what state this is in? And just to clarify, what paperwork has been filed? Customer: Michigan just for medical JA: Has anything been filed or repor… read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
34,612 satisfied customers
Power of Attorney papers were signed in California. Are they
Power of Attorney papers were signed in California. Are they all legal here in South Carolina? … read more
KJL LAW
KJL LAW
Juris Doctorate
1,618 satisfied customers
Can a copy of a notarized will or power of attorney be
Can a copy of a notarized will or power of attorney be sufficent or does every copy of a will or power of attorney have to notarized … read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,218 satisfied customers
My life insurance company canceled me although my premiums
My life insurance company canceled me although my premiums were paid up to date. They claim I did not answer a survey they said they sent, yet I never saw. Now they want nearly a 4th as mush as the po… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,903 satisfied customers
Power of attorney and life insurance beneficiaries.
power of attorney and life insurance beneficiaries … read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,218 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x