Legal Question in Elder Law in California
Power of attorney
When my mother passed over a year ago. My sister and her husband are somewhat mentally challenged. My dad is 4 hrs away from me. He has dementia. I have power of attorney, on his checking. My moms funeral was paid with a credit card. Dad had two other cards. Sister is now with dad. We got a reverse mortage to pay credit cards. He has to homes $200 thousand. He had allowed me to use these cards. $60 thousand. I had an agreement with dad that I would pay his credit cards $40 thousand and he would loan me the rest to help us out and for helping. My sister was aware of this. When the loan becomes payable I am responsible for it. When we got the money I starting paying bills and using it. My sister has brought my cousin in on this. Now they are saying I stole the money. Dad doesn't remember and she won't let me in the house or allow me to talk to her or my dad. She just takes the phone from him. Can I be proscuted? I am concerned for my dad to.
1 Answer from Attorneys
Re: Power of attorney
A classic example of not documenting agreements in writing. Now you have nothing in writing to prove what you claim. If you end up facing civil or criminal charges, or if you want to get legal help trying to resolve this without that happening, feel free to contact me.
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