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I believe a court appointed attorney is provided only in criminal cases. I would pay an attorney to protect your mother’s inheritance and your gm’s money. The money will be well spent to help you figure this out. Money changes everything. Your grandmother should be spending her money on her care. Good luck!
You and your mother should contact an elder law attorney on gramma's behalf to see how to get guardianship/conservatorship over your gramma and investigate the uncle.
Are aging seniors entitled to a court-appointed attorney? I'm not sure what this question has to do with the issue you posted...I think that's only in a criminal circumstance and it is a financial, not age-related provision.
I was thinking with my grandma having dementia and she is still alive with a POA in charge of her assists.. does she have the right to legal council to request inventory and records of her estate. How does she pursue this on her own?? Yes my mom is caring for her, but this is my grandmas estate not my moms.. doesn’t really seem like much my mom can do for herself as far as if she even has any rights here..
Thank you!! I’m curious why she isn’t getting any income as well!! I know she had about $40k in debt so I’m assuming the income from renter in her home is going towards that. My mom paid my uncle money for a few years to help pay for property tax and the debt owed when they didn’t have renters at the time. I’m wondering if maybe that should be paid back to my mom now that there are renters providing the income to pay that.
Attorneys do give free consultations, that would be my first step, some actually do pro bono work for seniors, as do many who act as attorney in fact while doing estate planning, many estate planners are very legal savvy and cost 1/2 of what an attorney would charge.
Your mother or both of you have to go to a lawyer and provide your proof and get guardianship of your mother. You should be second POA if something happens to your mother. Your uncle must be able to show where your mother’s money is going. Nothing can be for his own gain. He can invest money on her behalf but cannot have personal gain
i would move quickly and keep it quiet. Do not give him any time to hide possible evidence
If u can't afford a lawyer, call ur local Office of Aging and ask if they have a number for Legal Aid. I would also call APS and tell them u think brother is taking advantage of Mom. No, u won't be a popular person but u need to protect Mom.
Here is what you posted in your profile regarding your question:
"My uncle was awarded power of attorney over my grandmother and her estate since my grandpa passed away. Although my uncle is responsible for caring for my grandmother he has not cared for her at all. My mother has been caring for my grandmother for the past few years and taking care of everything to do with my grandmother. The home on my grandmothers estate has been rented for about 2-3 years at least. My mother has asked for my uncles help to take care of my grandmother. He always says I’ll see what I can do and then my mom doesn’t hear from him so I have stepped in to help my mom with my grandmother. My grandmother is using her social security and savings to live. She has not seen a dime of the money from her estate. My mother was giving my uncle money each month to help with taxes before they got renters. Now that someone is renting home I’m curious if my mother should be reimbursed since the expense of the home taxes I’m assuming are my grandmothers responsibility?? He is also using the estate land for his own business so I’m curious if he is taking money from estate to pay for his business, but claiming it’s an estate expense then writing it off as his own expense for his business. Also, can my mom expect to be compensated for all her mileage, time, etc in caring for my grandmother?? If my uncle is power of attorney over estate can my mom ask to see ALL records of taxes, income, expenses, etc in regards to my grandmothers estate? Should my uncle have set up an individual bank account for my grandmothers estate that should reflect all rental and/or other income and all estate expenses? I have a copy of the trust that includes my grandmother, uncle and mom, as well as my grandmothers biological kids in the event my grandpa passed away. I also have a copy of the modification of the trust involving the estate, my uncle, my mom, my grandmothers biological kids and their agreement of how things will be divided. And I have a copy of the power of attorney that names my uncle the power of attorney and his responsibilities. Can I meet with someone to look over these documents with me and counsel with how we should address this?? My grandmother has dementia and is living in an independent living facility as my mom cares for her every need. We would like to plan for her to possibly move into an assisted living facility to relieve much of my uncles responsibility that my mother has taken on these past few years. Thank you."
I might have missed this, and if so, I apologize, but under what circumstances was your uncle "awarded" authority under a POA? Do you mean that your grandmother granted him that authority, before she had dementia?
To my knowledge, court appointed attorneys are available in criminal actions, but I'm not current on whether they're available for seniors, on specific issues such as abuse of authority under a POA.
If any court action was involved in the appointment, I'm assuming that periodic reports would have to be filed, detailing activity, expenditure of funds, etc. This is how you could get more detail and plan how to investigate his activities and expenditures.
Could you explain more how your uncle was granted this authority, specifically by whom and under what circumstances?
By proceeding, I agree that I understand the following disclosures:
I. How We Work in Washington.
Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services.
APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
II. How We Are Paid.
We do not charge you any fee – we are paid by the Participating Communities. Some Participating Communities pay us a percentage of the first month's standard rate for the rent and care services you select. We invoice these fees after the senior moves in.
III. When We Tour.
APFM tours certain Participating Communities in Washington (typically more in metropolitan areas than in rural areas.) During the 12 month period prior to December 31, 2017, we toured 86.2% of Participating Communities with capacity for 20 or more residents.
IV. No Obligation or Commitment.
You have no obligation to use or to continue to use our services. Because you pay no fee to us, you will never need to ask for a refund.
V. Complaints.
Please contact our Family Feedback Line at (866) 584-7340 or ConsumerFeedback@aplaceformom.com to report any complaint. Consumers have many avenues to address a dispute with any referral service company, including the right to file a complaint with the Attorney General's office at: Consumer Protection Division, 800 5th Avenue, Ste. 2000, Seattle, 98104 or 800-551-4636.
VI. No Waiver of Your Rights.
APFM does not (and may not) require or even ask consumers seeking senior housing or care services in Washington State to sign waivers of liability for losses of personal property or injury or to sign waivers of any rights established under law.
I agree that:
A.
I authorize A Place For Mom ("APFM") to collect certain personal and contact detail information, as well as relevant health care information about me or from me about the senior family member or relative I am assisting ("Senior Living Care Information").
B.
APFM may provide information to me electronically. My electronic signature on agreements and documents has the same effect as if I signed them in ink.
C.
APFM may send all communications to me electronically via e-mail or by access to an APFM web site.
D.
If I want a paper copy, I can print a copy of the Disclosures or download the Disclosures for my records.
E.
This E-Sign Acknowledgement and Authorization applies to these Disclosures and all future Disclosures related to APFM's services, unless I revoke my authorization. You may revoke this authorization in writing at any time (except where we have already disclosed information before receiving your revocation.) This authorization will expire after one year.
F.
You consent to APFM's reaching out to you using a phone system than can auto-dial numbers (we miss rotary phones, too!), but this consent is not required to use our service.
I would pay an attorney to protect your mother’s inheritance and your gm’s money.
The money will be well spent to help you figure this out.
Money changes everything.
Your grandmother should be spending her money on her care.
Good luck!
You and your mother should contact an elder law attorney on gramma's behalf to see how to get guardianship/conservatorship over your gramma and investigate the uncle.
Are aging seniors entitled to a court-appointed attorney? I'm not sure what this question has to do with the issue you posted...I think that's only in a criminal circumstance and it is a financial, not age-related provision.
That is not legal and needs to be reported and he should have been giving a good percentage of his earnings to your grandmother anyway.
I've read enough here that I think your mother needs to have him investigated. I'm not sure your grandmother can get an attorney with dementia.
Why isn't grandma getting any income from her estate?
i would move quickly and keep it quiet. Do not give him any time to hide possible evidence
"My uncle was awarded power of attorney over my grandmother and her estate since my grandpa passed away. Although my uncle is responsible for caring for my grandmother he has not cared for her at all. My mother has been caring for my grandmother for the past few years and taking care of everything to do with my grandmother. The home on my grandmothers estate has been rented for about 2-3 years at least. My mother has asked for my uncles help to take care of my grandmother. He always says I’ll see what I can do and then my mom doesn’t hear from him so I have stepped in to help my mom with my grandmother. My grandmother is using her social security and savings to live. She has not seen a dime of the money from her estate. My mother was giving my uncle money each month to help with taxes before they got renters. Now that someone is renting home I’m curious if my mother should be reimbursed since the expense of the home taxes I’m assuming are my grandmothers responsibility?? He is also using the estate land for his own business so I’m curious if he is taking money from estate to pay for his business, but claiming it’s an estate expense then writing it off as his own expense for his business. Also, can my mom expect to be compensated for all her mileage, time, etc in caring for my grandmother?? If my uncle is power of attorney over estate can my mom ask to see ALL records of taxes, income, expenses, etc in regards to my grandmothers estate? Should my uncle have set up an individual bank account for my grandmothers estate that should reflect all rental and/or other income and all estate expenses? I have a copy of the trust that includes my grandmother, uncle and mom, as well as my grandmothers biological kids in the event my grandpa passed away. I also have a copy of the modification of the trust involving the estate, my uncle, my mom, my grandmothers biological kids and their agreement of how things will be divided. And I have a copy of the power of attorney that names my uncle the power of attorney and his responsibilities. Can I meet with someone to look over these documents with me and counsel with how we should address this?? My grandmother has dementia and is living in an independent living facility as my mom cares for her every need. We would like to plan for her to possibly move into an assisted living facility to relieve much of my uncles responsibility that my mother has taken on these past few years. Thank you."
I think your mother should get on this site and ask her questions about this.
To my knowledge, court appointed attorneys are available in criminal actions, but I'm not current on whether they're available for seniors, on specific issues such as abuse of authority under a POA.
If any court action was involved in the appointment, I'm assuming that periodic reports would have to be filed, detailing activity, expenditure of funds, etc. This is how you could get more detail and plan how to investigate his activities and expenditures.
Could you explain more how your uncle was granted this authority, specifically by whom and under what circumstances?