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I had an operation and signed my son as a POA, I'm fine now, but he has been removing things from our farm without permission. an writing checks on my bank accounts, I need to stop this.
Excellent answers, Babalou and Pam! Getting an attorney immediately is key and will help you craft the right documents quickly so you can quickly get them to the bank.
Meanwhile, if you stop by your bank, you can probably revoke, on the spot, his ability to withdraw funds. You ought to do that tomorrow.
Finally, you'll need to do what Pam suggested...get back what he took. If not, as Babalou said, you'll need to engage the police and probably file a formal complaint. Here's why:
If your son withdrew more than $1,000 at a time or within a few days or took items worth a $1,000 or more, Medicaid will target that as a gift should you need to fall back on Medicaid for LTC. Your answer will be, "I didn't give it to him, he took it!" If it's theft, you'll have to treat it like theft or Medicaid will say it's a gift...period. We had to go down that road with my wife's sibling. It was the worst thing in the world we'd ever done, and fortunately there was no action taken by the county to actually prosecute. But it ultimately resulted in her parent getting Medicaid.
Besides being a royal pain, the only way he can really counter your actions is to claim that you're incompetent and seek guardianship. That would require, depending on the state, a couple of doctors to examine you and declare that you're incompetent then a court proceeding into which you have significant input through a court appointed attorney if not your own. Because this is an option open to your son, it's another good reason to get with an attorney ASAP.
If you Google "how to revoke power of attorney", you'll get good answers. Basically, you need to state in writing that you are revoking the power of attorney that was executed on thus and such a date. You mail that document to current POA and to your bank and any other institutions that have it on file. You also send a certified letter to current POA, demanding the return of the first POA.
I would also report the theft to the police. A POA gives a person to act in the best interests of the person granting it, not to appropriate their property.
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.
Meanwhile, if you stop by your bank, you can probably revoke, on the spot, his ability to withdraw funds. You ought to do that tomorrow.
Finally, you'll need to do what Pam suggested...get back what he took. If not, as Babalou said, you'll need to engage the police and probably file a formal complaint. Here's why:
If your son withdrew more than $1,000 at a time or within a few days or took items worth a $1,000 or more, Medicaid will target that as a gift should you need to fall back on Medicaid for LTC. Your answer will be, "I didn't give it to him, he took it!" If it's theft, you'll have to treat it like theft or Medicaid will say it's a gift...period. We had to go down that road with my wife's sibling. It was the worst thing in the world we'd ever done, and fortunately there was no action taken by the county to actually prosecute. But it ultimately resulted in her parent getting Medicaid.
Besides being a royal pain, the only way he can really counter your actions is to claim that you're incompetent and seek guardianship. That would require, depending on the state, a couple of doctors to examine you and declare that you're incompetent then a court proceeding into which you have significant input through a court appointed attorney if not your own. Because this is an option open to your son, it's another good reason to get with an attorney ASAP.
I would also report the theft to the police. A POA gives a person to act in the best interests of the person granting it, not to appropriate their property.