Do I need a attorney?

Asked over 1 year ago - Wilkes Barre, PA

I have been taking care of my mom who has Parkinson's disease for four years. I am on her bank account and I provide all care for her rides, paying her bills, clothes, food, etc. I have been of financial abuse by my younger sister ( who has nothing to do with her care or her) the area of the aging came in interviewed me her and were told by her there is none. I just got a letter stating they checked our bank accounts. We all live in the same home pay the same bills and she is as healthy as she has ever been. She is never denied anything she picks out everything she wants and she pays for it. What do I do now?

Attorney answers (5)

  1. Cynthia A McNicholas

    Contributor Level 11


    Lawyers agree


    Best Answer
    chosen by asker

    Answered . First, be sure that you have and continue to keep good records of all of your expenditures of your mother's money.

    It is time for you and your mother to do some planning. If she hasn't appointed you agent under a Power of Attorney, and hasn't signed a Health Care Power of Attorney and living will, it is time to call an attorney who will meet with her and discuss these important documents that will help immensely if and when she becomes incapacitated. And, since there seems to be a disagreement between you and your sister, your mother needs to make her wishes crystal clear, both in her POA's and in a Will. Know that the attorney is to represent your mother, and to promote her wishes, and he or she should be paid from your mother's funds.

    If the Area Agency on Aging finds no basis for the abuse complaint, it will close its file eventually.

    At the very least, ask you mother to confirm in writing the facts as you state them -- that all decisions are hers and that you have done nothing other than follow her instructions. But you should contact an attorney soon. If your mother doesn't want to pursue estate and disability planning, you should consult with an attorney, at your own expense, to discuss how to protect yourself from future questioning.

    Best wishes to you.

    Disclaimer: The information posted here is for general inforamtional purposes only and does not constitute legal... more
  2. Kelly Scott Davis


    Contributor Level 19


    Lawyers agree

    Answered . You may not need an attorney at this point if the Agency on Aging drops its investigation, but you are still subject to having complaints filed against you in the future. As suggested, you need to keep good records. You and your mother would also benefit from seeing an elder law attorney about preparing a written personal care agreement.

  3. James P. Frederick

    Contributor Level 20


    Lawyers agree


    Answered . I am not sure what you would need an attorney for, at this point. There was an investigation and you were vindicated. Were you suggesting that you might want to try to sue your sister for making the allegations in the first place? I do not think you can do this. She is entitled to ask for an investigation. Now that you have been found innocent, it would be much harder for her to allege problems in the future. You probably DO want to make sure that your mom's estate planning is all in order and is complete. THAT would require an attorney.

    James Frederick

    ***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ******... more
  4. William Ray Pelger

    Contributor Level 14


    Lawyers agree

    Answered . The information provided by Atty. McNicholas is all correct. I would get an elder law attorney involved to interview mom and get those essential documents-POA, Will, Living Will, etc. Being proactive can save you and your mom a lot of stress and expense down the road.

  5. Charles Adam Shultz

    Contributor Level 19


    Lawyers agree


    Answered . In addition to what Ms. Mcnicholas stated, I would suggest you have your mother's treating physician meet with your mom about her wishes and to document them.

    The general advice above does not constitute an attorney-client relationship: you haven't hired me or my firm or... more

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