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Craig T. Matthews

Craig Matthews’s Answers

7 total

  • I was just fired and told it was because of my job performance but they have no documentation or proof. Do I have a claim?

    I have gone above and beyond what was asked of me at my job so I know it was not because of job performance. I was not given any verbal warning or any documentation about having poor work performance. Neither of my bosses gave me a reasonable expl...

    Craig’s Answer

    Employment in Ohio is at will.

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  • Can my siblings & myself (we are all POA's) write a check from our mother's account to my sister for her work for bookkeeping?

    Our mother who is 89 and lives in an assisted living community; her funds have demished rapidly so we have applied for medical assistance thru the county. My mother has a living estate on her oil royalties. The money is direct deposited into he...

    Craig’s Answer

    A fiduciary is prohibited from self-dealing and must be able to proof by clear and convincing evidence that any transfer of assets to the fiduciary is for the sole benefit of the principal. To document the vailidity of the $2000 check, would need to obtain evidence that $2000 worth of work was done.

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  • Guardianship? of elderly relative? POA not taking care of him and possible financial irregularities!

    My 96 yr relative gave POA to his friend/banker many years ago. The POA assisted him in making financial decisions then, but now the POA has COMPLETE control over all his investments, finances, etc. as my relative is no longer capable to comprehen...

    Craig’s Answer

    Your relative may be incompetent to revoke the power. If so, then a famly member should file an application for guardianship.

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  • How to protect mother's assets from Alzheimer stepfather's family?

    My elderly mother (90) recently had to put my elder stepfather with Alzheimer's into Assisted Living. My step-siblings (never interested before) came out of the wood work because they feared all his money would be burnt through in the AL facility...

    Craig’s Answer

    An attorney in fact has a fiduciary duty to act solely for the benefit of the principal and is not allowed to engage in self-dealing, such as "gifting" assets. Send a certified mail letter requesting that the attorney in fact render an accouning.

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  • How do i get poa over my elderly dad.

    my father was recently taken to er via amb. the house conditions were terrible. supposedly my younger brother was taking care of him but i suspect neglect. what can i do?

    Craig’s Answer

    Be careful to make sure your father has "testamentary capacity" before he signs the power of attorney. If not, it can be set aside. Also be sure to use the assets only for your father's benefit, and keep documentation, otherwise you could be exposed to a claim of conversion. Finally, the power of attorney should be prepared by a lawyer and contain state of the art language describing the full breadth of the athority granted.

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  • My mother has alzheimers and was contacted by sears to renew a warranty on appliances she no longer has they are harrassing her

    how do i get sears to stop harrassing her she did not understand when they called and just agreed to it she has not had the appliances for over 6 years the original bill was 186 dollars and now they keep adding late fees and it is up to over ...

    Craig’s Answer

    If you mother was incapable of understanding at the time, then she could not have entered into a contract. You should document what happened in a letter Sears - fax is ideal because it confirms receipt - and if they do not desist, report the matter to your state attorney general.

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  • Prior home owner did not disclose a continuous problemwith basement flooding. Who is at fault?

    Purchase home in July 2009. Basement Flooded, Found mold under carpet, not disclosed in agreement., Found mold in furnace and had to have ducts cleaned. Continually having flooding problems in basement. Found that the black pipe that surrounds ...

    Craig’s Answer

    Under Ohio law, a seller of a residence must disclose in writing all property defects, including any problems with moisture and water leaks. Even if the problem is resolved, the solution should be disclosed.

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