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Richard Samuel Barid
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Richard Barid’s Answers

8 total

  • What actions can I take if an acting Power of Attorney agent is manipulating her powers?

    The agent has manipulated my grandmother into signing over POA in the first place and has since transferred my grandmother's entire life savings into her own personal banking account and is using it for her own purposes (i.e. gambling, shopping sp...

    Richard’s Answer

    Contact Adult Protective Services where your grandmother lives immediately (or whatever agency advocates for adults who can't protect themselves). That agency may make a referral of the case to the local District Attorney's office. You, too, can contact the police and/or District Attorney's office located where your grandmother lives. DA's offices often have elder abuse prosecutors specially trained and tasked with addressing these sorts of situations.

    You can also alert the banks and financial institutions involved about what you know. I'm not sure about the area where your grandmother lives but, in Georgia, financial institutions like these are mandatory reporters of suspected elder abuse (i.e. - they are legally bound to report the situation to Adult Protective Services when they find out about it).

    You can also pursue conservatorship of your grandmother (likely through the probate court of the county in which she lives). If successful, you'd have a court-order allowing you to manage her financial affairs and pursue collection of money owed to her (e.g. - the money the agent here has converted to her own use).

    The quickest avenue toward freezing the accounts is likely getting the authorities (APS, police, DA's office) involved. If they see credible evidence of the elder abuse/theft you've described, they can likely act more quickly than a civil process (i.e. - conservatorship and lawsuit to collect the money taken).

    Reporting to the authorities does not require hiring an attorney. It would be wise to involve an attorney if you decide to pursue conseratorship. Either way, consult with an attorney licensed to practice in the state where your grandmother resides before taking action on any of these ideas.

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  • If someone who has POA for an elder misuses their funds causing them to lose there home of 57 years, what can be done?

    My aunt has had mental health issues since the 60's. Her daughter who had POA died almost 3 years ago. The daughter's husband got POA and recently remarried. A week after his marriage, he told his 2 daughters who lives in the house with their g...

    Richard’s Answer

    I'm sorry to hear about this situation. I am licensed in GA, so it will be important for you to get specific advice from an attorney licensed in the state in which your aunt and the house were located.

    In a general sense, a person operating as the attorney-in-fact (agent) under a power of attorney has a fiduciary duty to the person who granted the power of attorney (your aunt, in this case). That duty required the son-in-law to use his power to act in your aunt's best interest. His failure to do so may subject him to civil liability (perhaps having to pay damages) for the loss of the home and any other damage done by his failure to act.

    It is also possible that a call to APS (adult protective services), or whatever the similar agency is in the state where your aunt lived, will result in other remedies/suggestions.

    I hope this is helpful. Do not act on this information without seeking the advice of an attorney licensed in the state where your aunt lived.

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  • If my name is wrong on a court document dose that make the document invalid???

    I.m on probation in Augusta,GA but live in Warner Robins,GA.I was on mail-in status,but was removed because the document they have on me are spelled and in the wrong placement..

    Richard’s Answer

    This question may be more thoroughly answered if you post it in the criminal law or criminal defense section of AVVO. Probate is, generally, the area of law dealing with people's estates once they pass away or if they are incapacitated.

    As a general answer, a typo does not make a legal document invalid. There are certain exceptions that a qualified criminal defense attorney can better explain to you. For instance, there are circumstances in which a special type of objection to an indictment (or other document formally making criminal charges against a person) can be successful on the basis that the indictment (or other charging document) is somehow not perfect.

    If your mail-in status was revoked or removed because you didn't get mail or the probation people thought they couldn't find you due to a wrong name/address, it's possible that you could take that up with the probation office to which you report or to the court that sentenced you - if the error in your name and/or address is entirely their fault and not yours.

    Good luck.

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  • Does power of attorney override last will and testament

    Mother became ill, daughter got power of attorney, changed deed of house into her name. Last will states house to be divided between two children. She is currently attempting to sell house but i want my share as stated in the last will and testament.

    Richard’s Answer

    A power of attorney (POA) is only effective if it is voluntarily granted, properly executed, not revoked, and the person granting the power of attorney is still alive. Also, in Georgia, a power of attorney is not effective to change title to real property (real estate) unless the power of attorney makes specific reference to the piece of real property and the specific transaction. The POA must also be executed with the same formality as a deed transferring real property (that is, the POA should be signed in front of a witness and a notary). It is possible, therefore, that daughter has created a defect in the chain of title which will make it difficult (or at least slower) for her to sell the real property.

    The person acting under a power of attorney also has a duty to act in the best interests of the person granting the power of attorney. The transfer made by the daughter may be improper under these grounds, too.

    You could take action through probate court to try and stop the sale of the house and have the probate court pull the house back in to your mother's estate - making the argument that it should have been your mother's property at the time of her death, not the daughter's.

    I'm sorry you're having to go through this. Death, and the property matters that sometimes follow, are never easy. I wish you luck.

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  • Conditions of probation are not clear.

    I am on probation in Cobb county, GA. My question regards the conditions, both general and special. General condition 2 states to "avoid injurious and vicious habits - especially alcoholic intoxication..." while special condition 8 explicitly stat...

    Richard’s Answer

    You will do better to post this question in the criminal law or criminal defense category.

    My interpretation of those conditions would be that, among other things, you are not to drink any alcohol. Condition 2 is restricting you from getting intoxicated AND from other injurious and vicious habits. If all you had was condition 2, perhaps you could have a drink without violating probation. However, condition 8 is more specific and clearly says you are not to drink alcohol at all.

    If you had an attorney represent you in this matter, you should ask that attorney (or another criminal defense attorney) for his or her thoughts on this. If you are not able to do that, your probation officer should be able to clarify this for you. Since, in many cases, it is that probation officer who can seek to have your probation revoked if you violate the terms of probation, it would be good to have his or her specific direction on what you can and cannot do while on probation.

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  • How can my parents get legal gaurdenship of my impaired sister from her husband in ga?

    My sister is 37 and had two strokes a year ago. She is not capable of taking care of herself as of yet. Her husband is an alcoholic and is not taking proper care of her. How can my parents legally take gaurdenship of her?

    Richard’s Answer

    I'm so sorry to hear about your sister's condition. It must be very difficult for her and for your family.

    The way the question is phrased, it sounds as if your sister's husband might already have guardianship. If so, your parents as "interested persons" as defined under GA code section 29-1-1 can file a petition in Probate Court to have the husband removed as guardian under the terms of GA code section 29-4-52. The court would investigate your allegations about the current guardian and can then:

    (1) Revoke or suspend the guardian's letters;

    (2) Require additional security;

    (3) Reduce or deny compensation to the guardian or impose any other sanction or sanctions as the court deems appropriate; and

    (4) Issue any other order as in the court́s judgment is appropriate under the circumstances of the case.

    This response is intended as information and not legal advice. Legal advice is given privately and confidentially and is tailored to your own, specific circumstances. Before you proceed, seek advice of a qualified elder law attorney in your area.

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  • How do my father file for guardianship for my kids in atlanta. He is in New Jersey. I am the mother and was incarserate for 6mth

    I would like him to get guardianship ASAP. Cause my kids are in the system.

    Richard’s Answer

    I am sorry to hear about this difficult situation. The first place the law will look regarding custody of your minor children is the father of those children. If you are married to the father, if you are separated from the father, or if there have been any legal proceedings granting any rights to the father - that is often the first place that the department of family and children's services will look.

    If you want your father to have guardianship over your children, he should contact a good family law attorney. An attorney who regularly practices in the county where your children have been put into the system might be fastest and least expensive. If he cannot afford to do that, he might contact department of family and children's services in the county where the children have been put into the system and tell them about the situation, his ability to care for the children, his willingness to care for the children, and your agreement to this arrangement.

    If the children's father is deceased, has had his parental rights terminated, or cannot be found after a diligent search for him, you can use the form set out in the Official Code of Georgia § 29-2-11 to appoint your father as a standby guardian. That would give him four months of guardianship by the tend of which he would need to have applied to the probate court of the county in which the children reside for guardianship of the children. A good family law attorney could help with this, too.

    Again, I'm sorry to hear about your difficult situation. I hope things work out well for you and for your children.

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  • How much does it cost to set up a trust fund?

    From inheritence money.

    Richard’s Answer

    It is important that you know I am a Georgia licensed estate planning attorney. Before you take any action on this issue, you should consult an attorney licensed in CO.

    The legal fees involved in setting up a trust for you money will vary widely depending on what sort of assets are involved, what you are trying to accomplish by setting up the trust, and the level of experience/ability of the attorney you hire to do the work. In estate planning, as in most things, you get what you pay for.

    If you have an organized and complete way to show your prospective attorney what your assets are (inherited and otherwise) PLUS if you know exactly what you are trying to accomplish in setting up the trust, you will make a more efficient use of the attorney's time. That will save you money if the attorney is billing hourly.

    Some attorneys in this field do this sort of work on an hourly basis (i.e. - you pay the attorney his or her hourly rate for the time it takes to complete the work you want done). Other attorneys do the work on a flat fee basis (i.e. - the attorney will tell you the total cost of the work up front and you will pay that fee (or some part of it) up front to get the work started).

    There are a great many kinds of trusts (e.g. - revocable living trusts, irrevocable trusts, IRA trusts, charitable giving trusts, personal residence trusts, etc.). That is why it is so important for you to be able to tell the lawyer what your goals are. If you can do that, a qualified estate planning attorney can help you to pick out the right trust (and/or other estate planning tools) to accomplish those goals.

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