Tag Archives: COMPETENCY

Is it elder abuse to receive money from someone who is like a grandmother to you?

Q: I have known this lady for about 20+ years and has been like A grandmother to me. I’ve lived with her and everything. Her son has never really liked me. Long story short she has helped me sometimes with financial matters like one time my car got towed so she wrote me a check for $350 to help me get it out. Basically, I’ve gotten A little help from her on some occasions and her son I think has called the police and said something about elder abuse. She is older but was the smartest women I’ve ever known. We both held a high spiritual relationship and loved each other dearly. I’ve never taken advantage of her. There were times when things have come up and we would pray about it. We would then agree that her helping me out with money wasn’t the answer. But then again sometimes she would give me a helping hand. Can I really get into trouble? I never felt as if I was doing anything wrong in anyway. She has since passed away and I’m scared! We’re only talking about 2500$ in a couple years.

A: It sounds somewhat harmless the way you describe it, but I would need to know more facts. Was she incompetent? Did she have dementia? With her not being around to be interviewed by police or an adult protective services investigator, it is unlikely anything will come from it, especially given the fact that only $2,500.00 is involved. My opinion would change of course if there was any forgery or theft involved, or some other tangible record that exists.

I am mom’s healthcare and financial POA. Nephew moved in. Can I charge him rent?

Q: My mom just let her grandson who is 45 move into her house. I told her don’t do it, not a good idea! She is 84 and has middle stage dementia (Alzheimer’s). She forgets from one moment to the next sometimes. She is of sound mind. I had to have an investigation for adult protective services because of my brother and nephew. It was unfounded. But how do you prove manipulation and coercion, etc. She raised her grandson so he has a hold on her. Myself and my husband have been helping her every day. She is still at home, but between us we would spend 5 hours a day at her house. My nephew is considered disabled and mentally ill. He says he couldn’t find an apartment. No one would rent to him. That’s because he has a record, has burnt his garage down, DUI, suicide attempts and the list goes on and on. I hardly have enough money to pay her bills every month. She had lost her husband a year-ago so her income reduced dramatically. Can I charge him rent being that I am her POA or does she need to make that decision? Her doctors won’t give me a statement saying she is unable to make decisions in her own best interest.

A: It may be an uphill battle. Your mother is still competent, albeit she has some dementia. As she is competent, even with the POA in place, she can still make all her own decisions. I understand your concerns. This grandson could potentially cause stress on her, may financially exploit her, and may be a detriment to her health. As her Agent on a POA, you can work to keep her money guarded. You can visit her banks, make sure the POA is on file and ask them to watch for suspicious financial activity like large withdrawals. You can explain the situation with the grandson. Also, if you feel the living environment is unhealthy, you can call Adult Protective Services and see if they will do a home visit and assess the situation. I would visit her as often as possible and monitor things before reacting.

84 year old friend needs a power of attorney

Q: 84-year old friend was harmed by fall and needs 24-7 caregivers. She has long term insurance policy. She needs a power of attorney for healthcare and finances. For me to fill out an insurance policy claim form on her behalf, she must give me power of attorney for health care and for finances. Her competence is questionable.

A: She needs to be competent to execute a Power of Attorney. The standard for a Principal’s competency required for a POA is higher than the competency level needed for a will. You need to confirm whether she is competent. You can do this by asking her doctor, if he will tell you, or take her to a lawyer who can assess her competency. My advice is to have her hire the lawyer and have him or her represent your friend, and not you.

Can we get an order for our brother to stop bullying my mother?

Q: Can we get a restraining order against our brother for bullying my mom for money. She is 85 and has given him over $100,000.00 My brother shows up at her house and won’t leave until he gets money. Mom feels intimidated and says he won’t leave. She says she is being punished if we get on her accounts with her to stop this. Any other ideas how to stop him if we can’t get a restraining order?

A: Mom can do this if she wishes, and you can assist her. She would need to file for a Petition From Abuse Act hearing. If she is mentally incompetent, you will need to seek a guardianship of her so you or another family member can file for her. I think the best thing to do, and I know it is not easy, but is to have a family talk with the brother to let him know what damage he is creating and to lay off, or legal remedies will be pursued. A lawyer could guide you through this stressful and complicated family situation which involves criminal, civil and family laws.

 

What do I need to do to prove my father incompetent?

Q: He has moderate to severe Alzheimer’s. I have durable POA.He is becoming more paranoid. He lives with me and my family and I currently care for him full time. He speaks more frequently about taking out all his 401k money so he can see it and use it on a moment’s notice, sell his house and move out of ours. He is not capable of cooking, taking his meds, or transporting himself very well (as he has severe arthritis in his knee and uses a power chair almost exclusively. He has no driver’s license and continues to insist he can drive and will not relinquish his car. He is only fully lucid about 10% of the time.

A: The General Durable Power of Attorney is an extremely effective and cost efficient document to assist another person with their affairs. However, when that person becomes out of control, resistant and puts themselves or their assets at risk, you may need to file for a guardianship. This will involve obtaining an opinion from his treating physician that your father is unable to manage his own affairs. You really need to sit down with an attorney that does guardianships and review all of the information.

If my mother is in a memory care unit is she competent to give a power of attorney?

Q: Mother’s memory has deteriorated to the point where she must reside in an Alzheimer’s care unit. Does she still have the legal capacity to grant a power of attorney or to consent to a formal guardianship? Who determines competency if there is a dispute among siblings?

A: A person must be mentally competent to sign a Power of Attorney or to consent to any document or in any legal proceeding. If she is in an Alzheimer’s unit, one would think her competency is compromised. I think you need to consult with her doctor as to the level of her competency. If she has basic competency, even with an Alzheimer’s diagnosis, she may be able to sing a Power of Attorney.

IF MOM IS INCOMPETENT, HOW CAN WE REVOKE HER POWER OF ATTORNEY?

Q: How can durable power of attorney be revoked form an incompetent person? My sister and I have durable co- POA for my mother who is incompetent. Now my sister is suffering from dementia. We have one other sibling.

A: Do you mean how does an incompetent person revoke their POA? An incompetent person has insufficient competency to revoke their own POA. Read the POA carefully or have a lawyer review it for you. The POA either requires both of you to act together as co-agents or allows you to act independently of each other. So, if it allows you to act independently of each other and your sister develops dementia, you can act for mom and you don’t need your sister. If the POA requires you to act together, you have a problem. Since mom is incompetent, she cannot sign a new POA and you will need to file for a Guardianship through an attorney. It would be well worth the consultation fee to have a lawyer look at the POA. If you are co-agents with your sister, perhaps a motion in Orphan’s Court to remove your sister as agent due to her being incompetent, if that is the case, may work. A closer look at the facts will be necessary before advice can be given.

IF MOM IS INCOMPETENT, HOW CAN WE REVOKE HER POWER OF ATTORNEY?

Q: How can durable power of attorney be revoked form an incompetent person? My sister and I have durable co- POA for my mother who is incompetent. Now my sister is suffering from dementia. We have one other sibling.

A: Do you mean how does an incompetent person revoke their POA? They cannot, if they are incompetent. Read the POA carefully or have a lawyer review it for you. The POA either requires both of you to act together or allows you to act together OR independently of each other. So, if it allows you to act independently and your sister develops dementia, you can act for mom and you don’t need her. If the POA requires you to act together, you have a problem. Since mom is incompetent, she cannot sign a new POA and you will need to file for a Guardianship through an attorney. It would be well worth the consultation fee to have a lawyer look at the POA.

Wife had me sign divorce papers when I was on medication in hosptial

Q: Would any paper work I sign while in the hospital stand in court dealing with a divorce while medicated. While in the hospital with blood clots in my lungs my wife brought up papers that I thought were Annulment papers, and I signed them. Where in reality they were just separation papers, and she did not inform me of this until this week. When she brought the paper work up there I was on two different narcotic pain medications, and went off her word as to what I was signing.

A: You could file a petition in family court to nullify the forms you signed. You probably need a medical opinion from the treating physician that due to your medications, you were not competent. The judge may set it for a hearing, at which time you could have the doctor testify by phone.

 

Can someone with Alzheimer’s Disease sign a quit claim deed?

Q: I am a caregiver for an Alzheimer’s patient. I haven’t been paid for a year due to family of the patient mishandling of her finances. No one wants to care for her anymore now that all her funds are gone. I would like to know how can I protect myself so I don’t get cheated in the end, and someone be compensated for the job am doing. The only asset she has is her house and I would like to know if she can sign a deed or at least put my name on the title so I can have some say and not get kick to the curb after all my hard work

A: Having Alzheimer’s Disease doesn’t necessarily mean she is incompetent to sign a deed. However, if she is not competent she cannot sign a deed over to you. I am mystified as to how you are taking care of her and expecting payment without a written contract from her or her family. It is quite possible that at the end of her life, the family does not pay you. After she passes, if there is an estate opened, you can file a claim against the estate. If there is no estate opened, you can open one and file a claim against the estate or sue the family. In either case, you are swimming upstream without a written contract. You really need to get an agreement signed or you run the risk of not being reimbursed. If the family wants to pay you or wants to give you the house, it can be arranged legally. You should see a lawyer.