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Do I need a attorney?

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. Best answer

    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 advice for your specific situation, and no attorney-client relationahip is formed by the posting of information here.

  2. 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. ***************************************** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state. I hope you our answer helpful!

  3. 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.

  4. 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 given me confidential information by posting on this public forum, and my answer on this public forum does not constitute attorney-client advice. IRS Circular 230 Disclosure: In order to comply with requirements imposed by the Internal Revenue Service, we inform you that any U.S. tax advice contained in this communication (including any attachments) is not intended to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing, or recommending to another party any transaction or matter addressed herein. While I am licensed to practice in New York and California, I do not actively practice in New York. Regardless, nothing said should be deemed an opinion of law of any state. All readers need to do their own research or pay an attorney for a legal opinion if one is necessary or desired.

  5. 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.

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