Legal Question in Wills and Trusts in California

Power of Attorney

M is an elderly uncle in the care of a hospital facility receiving state and fedral aid. Recently M was involved in an accident at hosp. and received severe injuries. Nephew B assumed responsibiliy of POA to pursue lawsuit, a settlement was received. B as POA purchased a property with settlement (@ $175K) so M would not lose benefits. Recently B sold property, the funds were transferred into B's account and used to purchase a home for himself. He has tried to explain how it was legal and that he was adivsed by an attorney on how to do the transaction legally, But I don't get it. Is there anyway he would have been advised to pursue this transaction.


Asked on 2/02/04, 2:53 pm

3 Answers from Attorneys
Jason Hsu Una Law Corporation

Re: Power of Attorney

Actually, from what I gather you are asking: is there any way for this transaction to be legal.

I don't really think that elder abuse is the right category of law here since B allegedly already received a settlement; however, there are possible issues against B for elder abuse, breach of fiduciary duties, and criminal charges.

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Answered on 2/05/04, 3:57 pm
Jill Zimmerman Law Office of Jill Zimmerman

Re: Power of Attorney

If it doesn't sound like it could be legal, it usually is not. PLEASE, for your sake and M's, GET an ATTORNEY, or at least talk to one who specializes in Elder Abuse.

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Answered on 2/03/04, 1:35 pm
Michael Olden Law Offices of Michael A. Olden

Re: Power of Attorney

Who cares whether he was adviser not. It is wrong, illegal, a breach of fiduciary duty am more importantly a civil wrong. He is an embezzle funds. He is dealing in elder abuse. Rather than write to this site wire to sitting in front of a real live attorney with paperwork and hand finding out what your rights are. More importantly what M's rights are. You should have done this immediately so that all of the money is not long before you leave and get off your you know what and take action. In action could be devastating in the situation. Procrastination is even worse.i have been practicing law in this speciality for over 30 years in the san francisco bay area and if you wish to consult with me you can contact me at 925-945-6000.

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Answered on 2/02/04, 10:41 pm


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