Follow
Share

I am a durable power of attorney for my uncle in there by his bedside 24/7 for 40 days my cousin watch him for a few days open this now saw that he closed CDs and put it into a checking account they fall asleep now are accusing me of stealing his money they never ask me to show his statements the social worker banned me from showing up at his house until my cousins who is friend is a lawyer shows up on Tuesday is she allowed to ban me from his house do I have to show her all my informationthe hospice social worker is falsely accusing me of stealing his moneyI was told that they filed a complaint against me my uncle is one week away from dying and my cousin has no brainwashed him into thinking I have stole his money

This question has been closed for answers. Ask a New Question.
Find Care & Housing

12 Answers

Most
Helpful Newest
First Oldest
First
justice4tim, you really should get an Elder Care Attorney and at least have a consultation visit with him/her and have a list of questions you need answered. You also need to take all bank statements, CD balances, copies of transfer amounts, account numbers, the POA if you are named and ALL expenses that you have written out of the account since you first took over paying his bills. You are saying that all amount are accounted for and you have not removed any monies that were not for bills, food and living expenses. It sounds like the cousin feels like you got all the money and he was expecting to inherit a little cash when the uncle passed away and now he can't. I don't think the social worker can ban you from seeing your uncle unless he has made her the POA recently instead of you. Is that cousin the child of the uncle in question? You may be able to get the answers you need in one visit and it's possible the uncle can pay for it since it's for the uncle and his estate that you're having the meeting in the first place. He probably put the money in your name because he trusts you and does not trust his kid. It sounds like he's afraid the kid will spend all the money and there won't be enough to pay for his final expenses. Once you get the questions answered, ask how much it will cost to go before a judge to get him to name you executor for your uncle to handle his expenses. Assuming you can get him to do that and I'm sure you can, being the executor with the POA has more power than the social worker can. Keep exact figures as to what expenses you have paid out for and what needs to be paid in the future; like funeral expenses. See if you can get the right to limit the visits of the cousin and social worker so they won't be trying to manipulate the uncle. As long as you are being up front and honest with your uncle's money, you should have no problem getting the attorney to name you executor. If you feel you are entitled to a fee for handling his expenses, bring that up with the attorney. I had to do the same thing except it was for my husband who didn't leave a will. Is that a will for your uncle? Maybe the attorney can talk with the uncle and draw one up for him. He then can handle the division of the estate once the uncle has passed on and all final expenses are paid. What do you mean by the sentence "being kept away from my uncle is killing us both"? Is there a wife in the picture? Don't worry about the hospice social worker because apparently you are paying for that worker after the insurance takes care of their part. If you don't like what they are saying about you being banned, find another hospice to take care of him once you are named executor. Good luck in all you have in front of you. It's a lot of work but you can do it if you work quickly and write up your questions tonight and call an attorney tomorrow.
Helpful Answer (0)
Report
No he requested this to be done before he was in hospice. My paperwork states I can open ,close accounts ,and even borrow money .I've been in control of his assets since June2015.
Helpful Answer (0)
Report
justice4tim, You need a lawyer and you need one NOW. You will be summoned to court and the account will be frozen. If you moved more than $1000 you are looking at a Felony.
Helpful Answer (1)
Report
Yes the CDs were closed and put in an account for with my name on it to handle all his financial needs bills, caregiver , living expensenses, food, Exedra. This is what he requested the bank to do.I can understand that can be suspicious. . But all amounts are accountable for.He wanted me to have access to all of his accounts. I've been paying his bills since June this year. There hasn't been any problems until my cousin talked him into getting a trust.She just come into his life in his last week of life. He isn't in his right state of mind now. They made up this lie so I tell him what she is trying to do. The hospice social is on their side. I haven't been able to show or tell my side. My uncle is so depressed and upset about all this BS he has given up. He has only a few days left. Being kept away from my uncle is killing us both.
Helpful Answer (0)
Report
I'd make an appointment to see the social worker, and go along with all the paperwork. Fingers crossed that will get everything sorted out. Try not to be prickly or indignant about being 'falsely accused' - all the social workers know is that it is alleged that you were asked for information and "refused" to provide it. There is an allegation - you rebut it - everything is dandy.

I know this task is the last thing you need at this moment, but if you can grit your teeth and be practical about it it'll be the quickest way to get rid of it. Best of luck.
Helpful Answer (2)
Report
Adult protective services. Why was the money from Uncle's CD put into an account that has your name on it? Is it actually Uncle's account and your name is there so that you can sign checks for him? Or it it your account? No wonder they are suspicious, if it is the latter.

Is Uncle on Medicaid? What was the reason for transferring the money out of CDs?
Helpful Answer (1)
Report
What is APS?
Helpful Answer (0)
Report
No my uncle hasn't said a word about the money. The social worker comes once a month. He was in his right mind before I had to leave because I was sick (11/22/15) On (11/23/15) my cousin contacted the social worker told her I wouldn't give her my uncles personal info. This is false my cousin never called or text or ask about the money( from his CDs) that were put in a checking account with my name. Social worker said I had to bring bank balance, recipient s etc. I don't have a problem with that. I've done nothing wrong. And I'm being falsely accused.
Helpful Answer (0)
Report
Is your Uncle accusing you of taking money, or is it your cousin?

Is your uncle still competent?

As POA, in most states, you are authorized to act as your uncle's agent, making transactions for him at HIS direction, not your own, or, if he's incompetent, making transactions that are for his benefit.

Why does your cousin want the account number? I'm assuming that there is a reason that your uncle made YOU the POA and not his child.

Who is this social worker! How often is she there? Hospice social workers aren't usually regular visitors; is it perhaps an aide?

Maybe it's time for YOU to be suspicious and call APS. Tell them that these two are trying to get hold of your Uncle's financial information.

Perhaps call the Hospice organization and ask to speak to a supervisor to clarify what is going on.

Would you give YOUR account information to someone else? Treat Uncle's information as you would your own.

And when having these conversations with APS, supervisors and the lawyer, remember: How often any visited is not the issue. Uncle appointed YOU poa to conduct his affairs. Be worthy of that trust and conduct his business and yours in a business - like manner.
Helpful Answer (1)
Report
The lawyer is a personal friend of my cousins. The reason the social worker banned me is I didn't provide the account info. But I was never asked to.The social worker and my cousin claims they texted and called me to ask me about the money. This is all a false statement by both. I'm being wrongful accused of elderly abuse. Do I have to give them the account #? Or can I just give them a bank account balance and all my recipient s
Helpful Answer (0)
Report
Justice, it's extremely difficult to understand what you've written; I know when you are upset and typing on a phone, things get garbled.

It sounds as though your uncle is in bad shape and your cousin ( your uncle's child) is upset because s/he thinks that you've done something with Uncle's money. A lawyer is coming on Tuesday to help straighten this out. Meanwhile, in the interest of your Uncle's health, the hospice staff has asked you to stay away. Have I got that right?

Death makes people anxious and sometimes agitated. Everyone is upset that Uncle is dying, but they are choosing to be upset about money and about you, perhaps to deflect their attention from their pain at losing a family member.

Stay away until the appointment on Tuesday. Then bring all your statements so that all is clear for the lawyer.
Helpful Answer (2)
Report
I am very sorry for your situation.

No, I don't think the hospice social worker or nurse can ban anyone from visiting. But if your uncle is "brainwashed" then he may have requested that you not be allowed in.
Helpful Answer (1)
Report
This question has been closed for answers. Ask a New Question.

Recent Questions


Popular Questions


Related Questions

Ask a Question
Subscribe to
Our Newsletter