Follow
Share

My mother‘s stepson forced her husband, who also has Alzheimer’s, to sign a POA against his will. This was her husband’s biological son. Her husband came home crying after it was done because he was scared. Soon after he had a mini stroke, and the stepson wiped out all of their joint accounts, changed beneficiaries to himself, and put her husband in a nursing home. He would not let my mom see him or talk to him. This put my mom off the deep end and she is not even the same person now. Not only did the stepson take her husband away, but all the money that she had saved for them by taking care of her husband with Alzheimer’s all by herself for 13 years, the stepson took it all. I recently just found out that her stepson somehow had my mom sign away all her dower rights on her husband’s property. I don’t know how he legitimately did that when my mom has dementia. He must’ve snuck in and did this against my knowledge. My mom was in an assisted living and I wasn’t there. He did this and took his dad‘s house and put it in his own name.
I have tried to find a lawyer to help me, but no one wants to get involved. I’m running out of money to take care of my mother. There is no reason why they should not been allowed to stay together. That way they could afford it and still be together, but the stepson will not allow it. How can he have that kind of power? I have been through hell since this all happened and my mother is a shell of herself. I have wrote letters to everyone and made calls to all the places that are supposed to help the elderly, but I cannot find one person willing to help me.

I am sorry that you are going through this. I know that there are law resources for the elderly and they may be obtainable online.
Certainly there are lawyers that deal with dementia and Alzheimer’s clients. There is a local resource here in Sacramento so I’m sure they would be available nationwide.
Good luck to you!
Helpful Answer (0)
Reply to TrueBrian2013
Report

Hopiegirl, found this bit of advice "One of the worst things you can do is post about ongoing litigation. It is best to say absolutely nothing about your ongoing case. Anything you post on social media can be used as evidence against you—so don't say anything. If you feel you must post something, have your attorney approve of it first."


Also "If you have posted something publicly, then it is “public” for the lawyers and judges, too."
Helpful Answer (1)
Reply to freqflyer
Report
Hopiegirl Sep 1, 2024
Freqflyer….Yep….. I have not and did not post anything anywhere public yet just because of that reason, but I am so fed up with no one helping. I know how crooked lawyers can be and the stepson has lots of money to pay for those kind for sure. That is why he has gotten away with so much. Pathetic I know. I just want it to be documented so hopefully it can save some other older person from being his next victim.
(0)
Report
As crazy as this may sound, get your story out to the public via Tiktok. You could make a "story time" your self or reach out to creators who are interested in this content. Tiktok has many creators who specialize in / trying to be journalist. Tiktok also has over a billion users. I've seen amazing things happen for people because their story got out on Tiktok. This may also be an effective way to solicit an attorney.
Seems you have tried just about every other avenue. Social media could be what leads you to a solution.
Helpful Answer (2)
Reply to Lachelle209
Report
Hopiegirl Aug 30, 2024
That is not a bad idea. I have tried to keep this private out of respect for my mom, but it seems like the right way is not working. I am not on Tik Tok and I am sure as nasty and crooked as the stepson is he might try something in retaliation. My mom has begged me to be careful because she is afraid of him and afraid he will try and hurt me. BUT….going public may be a good idea. If nothing else to expose him and warn others. I do not think a person can get sued for defamation if it is the truth. ??? I feel like he is just as bad as a pedophile by taking advantage of sick, helpless, and elderly people. He has a history of this prior to his own dad and my mom.
(0)
Report
Are You sure the son didnt forge the Mothers signature on the dower rights ? Some People are really Good at Forgery . The son sounds Like a criminal all if this Does Not sound Normal and should be reported and Investigated by adult protective services who In turn gives the information to a Police detective and you should report this crime to the Police On your Mothers behalf because he had stolen half of your mothers Money . And If the Police dont help go to Your state Senator I had to go to senator Elizabeth warrens a couple times . The son did steal half of your Mothers Money and Home . Or Find the Local FBI Office and drop by for a visit . The FBI helped me when I was dealing with a stalker and Elizabeth warrens Helped me also . use the term when filling Out the complaint " Violence Against Woman " That is the Legal term . Just Go to the Senators office and file the complaint under " Violence against Woman " because this is what Happened your Mother is Being abused and a crime has been committed against her .
Helpful Answer (1)
Reply to KNance72
Report
Hopiegirl Aug 30, 2024
Not sure!! Signature I seen a copy of looked like hers, but it could have been forged. I could still persue that!
(1)
Report
Can Your Mom Visit her Husband in memory care ? Adult protective services should help you with Visits so your Mom can see and talk with her Husband . She has every right to see her husband .
Helpful Answer (0)
Reply to KNance72
Report

I have a few thoughts since he is in the same state . Did you contact Adult protective services and file a complaint ? Did your Dad Have a Will before The son stole from Him ? You could go to court and ask for a Lawyer of the Day ? You could find a mediator and present your case . I found a Mediator in San Diego but both Parties have to agree to it . The Dilemma Of the caregiver is only being exposed now But the stories of elder abuse are Not for some reason . It's Too bad we can't get your story or My story to Anderson Cooper . I Knew a Man who worked for him years ago . I think these stories need to be exposed . Bradley Cooper will be doing a documentary on Caregivers coming Out in 2025 . Robert Kennedy Junior could be made aware of Our dilemma . I Can write his people . I Met him when I was younger In Our Church of Our Lady Of Victory and there was small group of us and he discussed about How he felt about His Dad being Murdered and how badly he was affected with FlashBacks of the Trauma . back in 1988 we didnt Know what PTSD was or Panic attacks But I said " What ever Robert has I have too . " We didnt Know the name and Not Many Books were written On the subject. I Found One Book by a Harvard Professor who wrote " If everyone Knew about PTSD and How Our brain changes in fight or Flight situations no One would go to War or become a soldier . " Robert works with a Lot of caregivers and Mothers of autistic Children - Perhaps He and his people should be made aware of what The caregivers of people with Dementia and Alzheimers are going through with Elder abuse and No One ( Lawyers will Help Us ) in protecting the caregivers who are suffering from Burn Out, Fatigue, exhaustion and greedy abusive toxic Greedy relatives who take advantage of the elderly and screw over the primary caregiver .
Helpful Answer (1)
Reply to KNance72
Report
Hopiegirl Aug 30, 2024
I did report this to APS. Also to the police, the atty gen, pro seniors, elder fraud, and countless lawyers. Mom was forced to leave when she was visting her husband. I was out of town and had asked someone to take her. The memory care said they had to leave. I am going to go this week and take a police officer with me. If police will not come, I am still going and telling the facility to call the police because I am not leaving until my nom has her visit with her husband. I am going to ask her husband if he wants mom to leave. He is still allowed to speak for himself. A POA is only their voice when they cannot speak for themselves. One Lawyer I spoke to did tell me that my mom‘s husband still has a right to do whatever he wants and that they cannot stop him. Her husband acts so fearful right now that I’m not sure what he would do or say if his son was standing in front of him because he’s so afraid of his son. If it was just us, I’m sure the husband would tell them that he wants my mom to stay. Then what are they going to say? This is all a crap show. Ridiculous that somebody is so evil that they’re separating two elderly people that love each other and want to see each other.

On the rest I guess it is letter writing time again and maybe go public on TIK Tok like it was suggested by Lachelle209. I also know all about PTSD myself. My daughter was shot in the head whole in the Army and no one would investigate it. Years of fighting that trying to find who did it. Cannot sue the Army to get answers either. That eats at me 24/7, so I understand all about anxiety, insomnia, and stress. This problem with mom and her stepson just adds to it. 🤯

Maybe I will write to RFK. I am sure his time is preoccupied though with all that is going on.

What a sad world we are in. It is saturated with criminals and no justice to be found.😢
(0)
Report
OP, only a lawyer can help you. On the forum you're only able to give some facts. A lawyer needs to hear all the facts. The problem is, the kind of people who need a lawyer's help are EXACTLY the kind of people who can't afford to hire a lawyer ---- and so therefore the illegal acts go on and on and on...because those who can't afford to hire, can't afford to stop it.

you = OP
your mother = M
your mother's husband = H
step-son = S
nursing home = NH

Some simple things to start with:

1. It seems H is in an NH. This means he's not in memory care. Or do you mean he's in memory care (for people with dementia)? If he's been diagnosed with dementia, you won't be able to get POA over him. It's too late. Then you can only try to get guardianship ----- but it's extremely expensive if you try; so I don't think you can afford to. In a guardianship case, you can argue in court that you (rather than S) are a better guardian for H. The court will ask H his opinion too: "H, who do you want as your guardian, OP or S?"

If however, H hasn't been diagnosed with dementia, he's completely free to decide for himself who he wants as visitors. Then he's mentally competent. He's even free to leave the NH. Then he's not a prisoner. He can't be kept there against his will.

It seems from the answers you're giving people on the forum that you don't know if H has been diagnosed with dementia or not.

2. You believe H was forced by S to sign POA. Is it possible he wasn't forced? He willingly signed and was mentally competent when he signed? IMPORTANT: If H is still mentally competent, he can revoke the POA whenever he wants. He can make a new POA. Someone needs to inform H he can revoke S.

3. Regarding possible theft, etc. You should report it to the police. Even if the police don't help you, it'll be on record that you tried. In the end, only a lawyer can help you OP.
Helpful Answer (3)
Reply to ventingisback
Report
Hopiegirl Aug 29, 2024
Ventingisback…Thank you for your comments and replies. I commented several times that my mom’s hubby was diagnosed with Alzheimer’s prior to his mini stroke. So yes, it was documented and the stepson had him sign the POA after the diagnosis of the Alzheimer’s. Mom‘s husband is in Memory Care. It is a lockdown facility where no one can get in or out without being let in or out. To my knowledge, my mom‘s husband has never been medically deemed incompetent. As far as him being forced to sign, I am only going by what my mother said and what I seen for myself. The stepson forced his dad up out of a chair to go with him that day, so I know he was forced to go. Mom‘s husband, for some reason is afraid of his son and does whatever he says. This was an ongoing problem and it caused issues because my mom was upset at how her husband‘s son treated his own father.

Like I said, I already went to the police and filed a report. The report is 70 pages long. It is documented, so it is already been reported.

I know this is why the stepson has gotten away with all this stuff for so long because most people cannot afford to pay thousands and thousands of dollars to get help. The stepson can’t afford it because he uses other peoples money that he has stolen. As usual the crooks always win.

I am pretty sure that my mom‘s husband would probably sign anything that anybody put in front of him to be honest. When I talked to an attorney to have the POA changed the attorney told me that my mom‘s husband was probably the kind of person that would sign anything so he could change it every week. I think I am fighting a losing battle when it comes to my mom’s husband because he will not stand up for himself. The only way to do that is to have someone talk to her husband when there was nobody else around and that has been impossible as well.

Alzheimer’s and dementia is one of the worst diseases in the world as far as I’m concerned and I have seen a lot of people pass away. It is an evil cruel disease.
(2)
Report
See 1 more reply
You know I would do go to confession where he goes to church and speak with the Priest and then privately the Priest can pray for your Family and let him know what the son did . He may have some insight how to deal with Evil liars and if you ever see the son in Church tell him out loud in front of the congregation “ We are praying for your Soul since your going to end up in Hell “ that may make you feel better to let him know you told the priest and get this weight off your chest because this type of stress will harm you if you hold it in and then hopefully maybe God can help you find a solution .
Helpful Answer (1)
Reply to KNance72
Report

These stories are not new . The police and lawyers know this stuff happens all the time . The police say it’s a Civil Matter . Most lawyers do trusts and estates or Personal injury in a nursing Home for Neglect . I only saw one Law firm in California do elder abuse but that was after they murdered their Target and went to prison . Elder abuse is new in the Court system .
Helpful Answer (1)
Reply to KNance72
Report

I would think this is a valid case for criminal suit. You must be of sound mind to enter into a contract and documenting he had Alzheimer’s for years before signing the poa should help. Maybe call ombudsman and see where they would direct you. You may not have recourse if your stepdad was never declared incompetent.
You might want to get poa on both parents and have them declared incompetent or establish guardianship.
I am so sorry his own son would take advantage of him. That is the lowest of lows.
Helpful Answer (0)
Reply to Kquirk1
Report
MargaretMcKen Aug 29, 2024
The issue here is that we don't hear the other side of the story. There has to be one, in order to get the responses that OP has had.
(2)
Report
See 1 more reply
A good elder law, lawyer will help you. But you must be willing to pay him, not have the case taken on Contingency. POA's can't take marital assets. You must hire a really good Lawyer.
Helpful Answer (1)
Reply to bgblck69
Report
Hopiegirl Aug 29, 2024
Yes. I know I need a lawyer. That is the problem. I cannot find one. Totally burnt out on calling and writing letters and emails to get help. Of course I know I have to pay them. No one does anything for free.

I guess I was hoping that someone knew if ONE even existed that cared about elder abuse in Ohio.
(1)
Report
This is both a criminal matter (Theft? Fraud?) and a civil matter. As a civil matter, you need to pay lawyers and that’s too hard for you. A criminal matter means the State pays the lawyers, which has more legs for you. You have gone to the police, and they say it’s too hard. You don’t know what they are being told – and we only have one side of the story.

It would help if you could go above the heads of the policemen you have talked to – to the State politician in charge of police, or the local ombudsman (where your ‘case’ would be about being turned down by the police because it’s ‘too hard’ - which is a genuine 'ombudsman' issue). It's possible that the Ombudsman you fell out with has left.

If possible, turn it into a Federal case. Go to the top, not the lower level people, because it IS too hard for the people on the desk.

If you don’t get anywhere, it is very very hard, but don’t let it consume and ruin your life. You only have one.
Helpful Answer (2)
Reply to MargaretMcKen
Report

Seems like elder abuse occurred. Talk to social worker or case manager where the husband is about this. They could help you find a lawyer.
Helpful Answer (0)
Reply to Taarna
Report
Hopiegirl Aug 28, 2024
The facility that he is in would not help me at all. They are the ones that are honoring the stepson’s wishes of refusing to let his own wife see him. They kicked us out. All they care about is the money, too.

The one facility actually told me that it didn’t matter that my mom was medical durable power of attorney at the time because the stepson was the financial POA and that’s all they were concerned about was who was making the payment. It’s all about money. It always is.

I don’t want any money from him. I want to see him punished for what he did.
(0)
Report
Did he Have Alzheimers in His medical records before the stroke ? The Hospital or Doctor should have that Diagnosis in writing . You Need to get His medical records or your Mom could request his medical records because she is married to him .
Helpful Answer (0)
Reply to KNance72
Report
Hopiegirl Aug 28, 2024
Yes. He had alzheimers for years. My nom took care of him all by herself. Her husband’s son was never around to help or even visit. All of a sudden, now he goes to church every week where my mom went to church. (I had that church built, too) The stress of taking care of her husband I think also probably was not good on my own mother‘s health either. It’s just sickening how this all happened.

Stepson took a full advantage of the Covid lockdown, and used that as an excuse to keep my mother away from her husband as well. Not sure how he snuck a lawyer in there during Covid lockdown though. No Lawyer wants to listen. I had 70 pages of information that I gave to the police as well. Everything was documented, dated, and I provided all the proof.
(0)
Report
See 1 more reply
If I'm understanding correctly, your money is now at stake? If I were in your shoes, I would make a last ditch effort call to the state ombudsman in which your parent lives for resources/guidance. I would then start making plans for parents to live back in their home. If they can live in their own home with a bit of assistance that might be less expensive in the meantime than staying in the facility. Has the stepson sold or rented out her house already? Get them back into their own home ASAP to protect that asset if at all possible. Stepson may possibly make moves to sell or rent out the house. No idea how much you and they are paying for her facility but that cost is only going to increase. Medicaid has a lookback which varies from 5-7 years depending on the state. How much notice do you need to give the current facility to vacate but you have already stated you have tried lawyers and such so time for a different plan.
Helpful Answer (1)
Reply to gemswinner12
Report
Hopiegirl Aug 28, 2024
The state ombudsman was the first person I did contact. He was USELESS, rude, and would never respond. If I had any energy and brain left, I would love to even sue that man as well.

What I have went through would probably be a 1 inch thick book if I wrote the majority of it down. I sold my mother’s house because I built it the home she lived in and I had her as joint owner. When she got married, her husband moved into the brand new home and paid for nothing except Cable and food. My mom paid for all of her own stuff.

Medicaid has already done the five-year look back and of course my mom did not qualify because of the assets from her home. That money will be gone in two months. It was hard to even get Medicaid to consider giving her help because she was still married to a man that had lots of assets. The stepson has already taken over all of his father‘s assets and removed my mom as the beneficiary and put himself as beneficiary and cashed out annuities. Like I said, I was hoping someone could recommend a lawyer because I have already done and tried everything that has been suggested. The biggest issue I have is my own health is failing fast. I’m not sure that I can live long enough to see this through. Stepson is an evil monster and I hope Karma catches him soon. Him buying a $1.2 million home in Florida after he did this was a slap in the face to his own father. He has done this more than once to the elderly. He can afford lawyers because he uses the money he steals.
(0)
Report
If The son is in Florida where is The Father ? What state Is the Mother ? What state are You In . Someone suggested a good idea contact Your Local Paper or Propublica . They Do Investigative Journalism . You should go to court and File criminal charges as he did steal from Your Mother . Charge Him with Larceny . I had a Lawyer Freeze My Dads stocks . I Can Look Up the law later . These stories Do You Have access to your fathers medical Diagnosis ? These stories happen Often and frankly no one cares because the person is elderly and most lawyers are Crooks from what I have witnessed . I would make the story Public . If He Brought a House in Florida contact the West Palm Beach newspaper or Palm beach newspaper or what ever town he Brought the House In and Make the story Public . The thing is after taking care of 2 Parents with Alzheimers Your Mind is fried and It is hard to think Clearly . You need to make this public In His territory and shame Him . have a lawyer write him a letter demanding what your mother is owed . You really need a lawyer but Most won't touch this case I Know I have tried and I dont Have $50,00 - $100,000 to Play games in a California court But You could Make this Public Through His Local newspaper . I would be Interested to know if he is in Lauderdale , West Palm beach or Naples . Greedy Evil Toxic People do walk the Planet sorry but I have hopes for you and Your Mom .
Helpful Answer (3)
Reply to KNance72
Report
ventingisback Aug 28, 2024
This is good advice.

OP, you risk however that the news will also not touch this case. A lot of people just don’t care and don’t want to get involved.

Keep also trying to find a lawyer who will help you.

From your description OP, it seems your parents weren’t officially diagnosed with Alz/dementia. It seems like it’s a diagnosis you gave.

If there really had been a diagnosis by a doctor, the step-son clearly violated the law by getting a signature for POA from
a person with dementia. Since no lawyer wants to take the case, I believe it’s - you - saying they have dementia: but that’s only your opinion. Then it’s very difficult to prove the signature was forced. Your father then willingly signed. He didn’t have a gun to his head. Proving undue influence is very hard.

I hope someone can help you.
(2)
Report
See 2 more replies
You filing for guardianship --- that process is extremely expensive, which is why many people don't do it; they simply can't afford it. I doubt you have the money to start filing for guardianship.

You're in a very unfortunate situation with no one willing to help you.

The only type of person who can help you is a lawyer.

POA/etc., these are legal documents. Only a lawyer can try to help you to challenge the step-son's POA document. But you said no lawyer wants to get involved. I wonder if that's because they know you don't have much money to pay them? Or do they believe you have no case?

It's terrible you're in this situation. When our loved ones get elderly, that's exactly when one sees greed, etc., the true nature of various family members. This happens to so many families everywhere.
Helpful Answer (2)
Reply to ventingisback
Report
Hopiegirl Aug 28, 2024
Guardianship is very expensive, but I know that no court would give me guardianship over his own biological son, so I would just be wasting time and money that I can’t afford to lose.

I know I need a lawyer, but that’s the problem. I can’t find one. I have spent hours and hours making phone calls and writing letters with no help and even no replies. The police told me that it was hard to convict because the stepson had POA and that’s what the law goes by. He told me that what the stepson did was very bad and very unethical, but was not illegal so I would have a hard time.

Our legal and justice system seems to only work for the crooks. You noticed that? Our government proves that.
(1)
Report
You are the same as the son, you are both the children which is the line of authority over your parents. You have every right to apply for guardianship over both parents and if you had guardianship over your mother when he did all of this taking of the funds in the joint accounts and signing the house over , you have a lot more power than what you think. You have POA for your mom, correct? Then cant you just get the documents online and file with probate court for this to be investigated or revoked whatever? I think you are looking at this the wrong way, probate court and file a petition for guardianship for your step dad, they will look at it all very seriously and weigh whats in the best interest of the elderly persons, wont matter what the son says. Get your ducks in a row, and go to probate court and let testimony from both your step dad and your mom as their wishes and proof from whatever documents they had in play before the son made his move and witness testimony of anyone privy to what they wanted and what they expressed throughout their marriage, even their doctors would give you affidavidts or come testify i am sure. And the last thing you ever want to go to probate court because they are like IRS they will get to the bottom of it. I am no attorney but i have dealt with some of this myself and thats the way i would go and i bet you will get it all reversed. good luck to you
Helpful Answer (1)
Reply to Wikedwitch
Report
Wikedwitch Aug 28, 2024
Another thought, if the son was just poa and not the medical power of attorney, he doesnt have a say on the health care part which is the part where he cant say who gets to see the dad, anything on his medical care or day to day living. All he would have control over is the financial part. If you took this to probate court, they could put a court appointed person in charge of all of it until it was sorted out or you could petition for that to happen. But i would find the will and check and see what the "living will" part stated and see if there was a Hipaa authorization form done and if there was a medical Poa named. If he isnt he cant keep your mom from seeing him or being with him and he had no authority to put him in a nursing home if he isnt over the medical. Thats two totally different things the poa for financial and poa for medical. And dont forget you have just as much right as he does you are both the children of the married couple by law. I sure hope things work out for you. I will say a prayer for you and them. God bless and good luck.
(3)
Report
See 3 more replies
Hopiegirl, just curious who told you the Power of Attorney had been changed, that money was drawn out of the parent's account, etc. I noticed that your mother and your stepfather both have Alzheimer's, and it is not unusual for people with that disease to think something had happened when it didn't. That could be the reason why authorities are not pressing this case any further.


Since you wrote that your Mom was caring for her husband all by herself for 13 years tells me she must have been physically and emotionally exhausted. I can see why the husband's son had stepped in. Enough was enough.
Helpful Answer (0)
Reply to freqflyer
Report
Hopiegirl Aug 28, 2024
Freqflyer…..I seen the letters myself that my mom showed me about the beneficiary changes. My mom did not have dementia when this all first happened. She had a very mild case of forgetting something sometimes, but she was fully capable of driving, getting his medication’s, taking him to the doctor, taking him to church three twice a week, and did everything for him. When her husband had a slight mini stroke and they took him to the hospital is when the stepson swooped in and took over. After he took mom’s husband away my mom had a mental breakdown and now she has full-blown dementia herself, so I am really angry because I feel that the stress caused my mother to have an emotional breakdown. As far as how do I know about the POA? The people at the facility told me that the stepson had the POA changed to himself. The stepson would never give me a copy either.
(0)
Report
First of all, so sorry you and your mom and stepdad are going through this. Just had a thought. This is really elder abuse. (Yes I'm stating the obvious) What if you contacted an investigative journalism group (broadcast or print) and told them about your mom and stepdad's situation and provided them with a few facts about the prevalence in general of this issue. You have nothing to lose and everything to gain for your mom who must be so distraught over this. My prayers are with you all 🙏
Helpful Answer (2)
Reply to DeniseV
Report
KNance72 Aug 28, 2024
She could try Propublica
(1)
Report
See 1 more reply
Contact your local alliance for long term care giving & if they can’t help they’ll point you in the right direction
Helpful Answer (1)
Reply to Jada824
Report

The FBI is Now taking elder abuse more seriously you can Fill Out a complaint , have Paperwork ready and documents . Go to www.ic3.gov . I Hope they Can Help you . Unfortunately The Police do Not want to get involved or lawyers either . Thats the best advice I Can give you .
Helpful Answer (3)
Reply to KNance72
Report
Hopiegirl Aug 22, 2024
Believe it or not I actually already contacted them twice and received no replies. I guess I was hoping SOMEONE somewhere had found a decent attorney, but attorneys these days seem to only be interested in helping the criminals.

Now more than ever I wish I had been a lawyer because not one good one can be found. At least I cannot find one. Been trying for a long time.
(1)
Report
See 1 more reply
Elder abuse is a crime.
Having a POA signed under duress, or if the person signing cannot understand what they are signing is illegal.

I am so sorry you have not found an agency willing to investigate for you & your family.

There is a Govt agency website for reporting suspected elder abuse where I live.

Is it possible to reach out to the relevant local council level & ask who to report to? Keep being the squeaky wheel?

It may be hard to PROVE the POA was illegal. Alz Dx will be a factor, but even so, someone with cognitive decline or memory loss can often still be very clear about having family be their nominated person. What is and isn't legal if a dx of Alz has already been made.. that is completely out of my knowledge.

The law seems set up so that everyone is deemed to have capacity (unless proved NOT to have). This is where western medicine & the law collide.

I hope you get some more knowledgeable answers ro help you.
Helpful Answer (2)
Reply to Beatty
Report

Suing someone costs a lot of money. Since you’re running out of money, how would you pay for it? Lawyers where I live charge up to $500 an hour.
Helpful Answer (2)
Reply to Fawnby
Report
Hopiegirl Aug 22, 2024
That is reason most crooks get away with being crooks because they know most people cannot afford it. The stepson is using money he took from the older people he stole from to pay for his crooked lawyers.

If a lawyer even tried he could get paid from recovering the money this monster stole. I do not want a dime. I just want what he stole from my mom.

No justice. The world has gotten so sickening and evil.
(3)
Report
Call the sheriff and file a police report for theft. That money he stole was half your mother’s.

This isn’t a civil matter. It’s a criminal matter.
Helpful Answer (5)
Reply to Southernwaver
Report
Hopiegirl Aug 21, 2024
That is what I thought, too, but police did nothing. Said legal because of POA.
(3)
Report
See 1 more reply
Yes to getting an elder law attorney or one who is experienced in financial crimes. You will need to prove that your Mom's husband had ALZ, so hoping he had a medical diagnosis in his medical records at the time of PoA signing.

Did the son take his Dad to an attorney? If so it's shocking that the attorney would allow this if the Dad appeared fearful or hesitant. Still, if it was done with online forms the doc still has to be signed in front of a notary with 2 non-family witnesses. Has he ever produced the paperwork to show he was the PoA?

"I have tried to find a lawyer to help me, but no one wants to get involved."

Do you mean you presented the evidence and the attorney didn't think you had a case? I can't imagine a lawyer would turn this down without some review. Did they ask for a steep retainer to take the case? At the very least you need to recover her portion of the assets.

I'm so sorry for this distress situation but I'd go right to the attorney before that jerk spends all the money.
Helpful Answer (2)
Reply to Geaton777
Report
Hopiegirl Aug 21, 2024
Yes. I presented everything to everyone I talked. I even wrote to Atty General. I showed all the dates and times. Police did nothing. They said even taking the money out of the joint acct was not illegal because both names were on the acct and his son was POA.

His son has already spent the money. He bought a 1.2 million dollar home in Florida. Meanwhile his dad is locked up and isolated from his wife. The guy is a monster.

I have medical statements, too of his dad having alzheimers. Pro Seniors is useless and so was Elder Fraud Unit.

I cannot find anyone to help. It has been over 3.5 years. My mom just gave up. It makes me so angry how crooks can get away with everything and there is no justice for the innocent.
(2)
Report
Never heard of Dower rights. Seems its something left over from being part of England at one time. Most states have outlawed it.

The POA has no rights to do what he did. And because ALZ is involved, Moms husband was not capable to sign a contract. I would start with APS and then a lawyer.
Helpful Answer (2)
Reply to JoAnn29
Report
Hopiegirl Aug 21, 2024
I think dower rights is what they call marital rights over assets. It is an old term I have seen on documents.

I called APS, police, and so many attorneys. No one is interested and no one cares. Said it was too complex. They said I could apply for guardianship of mom’s husband, but I know that would be a waste of time and money because the court would not give me guardianship over his dad and over a biological son. The son is also a compulsive liar and has lots of money to get these kind of lawyers. Not sure how he got the POA forms signed. The ones form he had his dad sign was during the lockdown so I have no idea how he got an the Atty in there.
(2)
Report
Please bring APS into this and call your local council on aging. A police report should have been done on day one. Whatever day this is, take all evidence and report to the police today.
Helpful Answer (4)
Reply to AlvaDeer
Report
Hopiegirl Aug 21, 2024
Done all that many times. They tell me son is POA and there is nothing they can do. No lawyer will even try to help. Said it was too complex. I think it is BS that they are letting this thief keep doing this.
(1)
Report
Ask a Question
Subscribe to
Our Newsletter