Legal Question in Criminal Law in Ohio

Re: can i get in trouble?

Yes, you can get in trouble.

First of all, the niece may be his "beneficiary" but, if that is true, then she has no rights until after his death. It may be that what you mean is that she has his power of attorney or that she is his guardian, both of which would give the niece the right act on his behalf right now, while he is still alive. If that is the case, you could have serious problems.

Let's review what you wrote. "I borrow money from him by writing a check but I repay the loan in cash." Can you prove that loans were repaid in cash? How can you prove that? If you can't prove that these loans were repaid, then the neice can require you to pay them again --- or even worse, accuse you of stealing the money.

Also, there must be some reason why this friend needs your help. Is he or she mentally competent to handle his or her affairs? Is there a physical injury? Both? If the friend has some physical injury or mental illness that makes him dependent on you, then there is real question about whether these "loans" are true, arms-length transactions or whether you are taking advantage of someone who cannot protect himself. Whether the accusation that you are taking advantage is true or untrue, the mere accusation can cause you lots of problems.

Based on what you wrote, I see very big problems ahead. The time to address those problems is now. I would advise you to hire an attorney who can guide you through this process.

Re: can i get in trouble?

Yes, you can get in trouble.

First of all, the niece may be his "beneficiary" but, if that is true, then she has no rights until after his death. It may be that what you mean is that she has his power of attorney or that she is his guardian, both of which would give the niece the right act on his behalf right now, while he is still alive. If that is the case, you could have serious problems.

Let's review what you wrote. "I borrow money from him by writing a check but I repay the loan in cash." Can you prove that loans were repaid in cash? How can you prove that? If you can't prove that these loans were repaid, then the neice can require you to pay them again --- or even worse, accuse you of stealing the money.

Also, there must be some reason why this friend needs your help. Is he or she mentally competent to handle his or her affairs? Is there a physical injury? Both? If the friend has some physical injury or mental illness that makes him dependent on you, then there is real question about whether these "loans" are true, arms-length transactions or whether you are taking advantage of someone who cannot protect himself. Whether the accusation that you are taking advantage is true or untrue, the mere accusation can cause you lots of problems.

Based on what you wrote, I see very big problems ahead. The time to address those problems is now. I would advise you to hire an attorney who can guide you through this process.