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Cousin, not related to my mother took her to attorney and placed herself as POA and on my mothers will. Had original bank account closed and re opened new account with $3000 missing...what to do?
I'm curious how you know that the old account was closed, and a new account opened, and how you know for sure that $3, 000 is missing? That's fairly private information. Did your mom tell you these bits of info?
sandi, what cmagnum wrote is right. People can still be legally competent and have dementia. It is not until later stages that they tend to become legally incompetent. Legal incompetence requires that one or sometimes two doctors write letters or forms to that effect. If that was not done prior to POA assignment and change of the will, it may be difficult to show incompetence now. You may be able to, so you can discuss it with an attorney.
What kind of change to the will was made? I had wondered if there was a special agreement that this would be done in exchange for services rendered. Tell us a bit more and someone may have some good suggestions.
If your mother was not incompetent, then there was nothing wrong with the cousin taking her to an attorney who drew up the POA and your mother signed it. If it can be proved that your mother was not competent, which requires more than just a diagnosis of dementia, then your cousin's POA is not valid.
Again, if your mother was not competent when the will was changed, then the change is invalid.
Do you have any knowledge where the 3,000 went to? How did you find out it was missing?
I suggest that you see a lawyer. You might even want to talk with the lawyer who wrote up the POA and changed the will.
By proceeding, I agree that I understand the following disclosures:
I. How We Work in Washington.
Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services.
APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
II. How We Are Paid.
We do not charge you any fee – we are paid by the Participating Communities. Some Participating Communities pay us a percentage of the first month's standard rate for the rent and care services you select. We invoice these fees after the senior moves in.
III. When We Tour.
APFM tours certain Participating Communities in Washington (typically more in metropolitan areas than in rural areas.) During the 12 month period prior to December 31, 2017, we toured 86.2% of Participating Communities with capacity for 20 or more residents.
IV. No Obligation or Commitment.
You have no obligation to use or to continue to use our services. Because you pay no fee to us, you will never need to ask for a refund.
V. Complaints.
Please contact our Family Feedback Line at (866) 584-7340 or ConsumerFeedback@aplaceformom.com to report any complaint. Consumers have many avenues to address a dispute with any referral service company, including the right to file a complaint with the Attorney General's office at: Consumer Protection Division, 800 5th Avenue, Ste. 2000, Seattle, 98104 or 800-551-4636.
VI. No Waiver of Your Rights.
APFM does not (and may not) require or even ask consumers seeking senior housing or care services in Washington State to sign waivers of liability for losses of personal property or injury or to sign waivers of any rights established under law.
I agree that:
A.
I authorize A Place For Mom ("APFM") to collect certain personal and contact detail information, as well as relevant health care information about me or from me about the senior family member or relative I am assisting ("Senior Living Care Information").
B.
APFM may provide information to me electronically. My electronic signature on agreements and documents has the same effect as if I signed them in ink.
C.
APFM may send all communications to me electronically via e-mail or by access to an APFM web site.
D.
If I want a paper copy, I can print a copy of the Disclosures or download the Disclosures for my records.
E.
This E-Sign Acknowledgement and Authorization applies to these Disclosures and all future Disclosures related to APFM's services, unless I revoke my authorization. You may revoke this authorization in writing at any time (except where we have already disclosed information before receiving your revocation.) This authorization will expire after one year.
F.
You consent to APFM's reaching out to you using a phone system than can auto-dial numbers (we miss rotary phones, too!), but this consent is not required to use our service.
What kind of change to the will was made? I had wondered if there was a special agreement that this would be done in exchange for services rendered. Tell us a bit more and someone may have some good suggestions.
Again, if your mother was not competent when the will was changed, then the change is invalid.
Do you have any knowledge where the 3,000 went to? How did you find out it was missing?
I suggest that you see a lawyer. You might even want to talk with the lawyer who wrote up the POA and changed the will.