What can be done?

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Latest post Sun, Jul 27 2014 4:08 PM by redcrossladyinthearts. 6 replies.
  • Tue, May 21 2013 3:23 AM

    • Smurfin
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    What can be done?

    Vinton Co. OH - Scenario- back around 2004 parents sign POA to daughter has another chlld but that one is disabled. Mother dies couple years later,,

    Seems the daughter started selling off property after putting them in her own name. That is illegal but due to the factdad didnt find out till just agew years ago which heprmpylu undid th POA and changed it but by that time it was too late said child  also fought to get gaurdian if the sibling. Got that (sibling is on disibilty.

    Seems dad was in hospital and the said child tried putting nto a home but he wa too sharp a man He took daughter to court to get house back (he is 81 built the hom and want to live his remaing days there but she sneakily put it into her name. courts sided with him but on apeal the child andspouse won it sayng there was a 4 year thing menaing Dad waited too long not sur about  how that works theft it theft 

    Could the child be charged with some kinf of elder abuse? Stealing from him by illegally putting his property into their own name Parents never ok'd this  Child is now booting dad out with an eviction This is out right thft and wish there is something that can be done to get the dad back his property so he can live his remaing years there

     

     


  • Tue, May 21 2013 10:18 AM In reply to

    • Drew
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    Re: What can be done?

    The problem may be that if Dad fails to fight and timely appeal the lost appeal to the next level that he is out of options --generally one cannot litigate the same course of action twice --no two bites at same apple  and it reads like Dad lost his bite at this apple .

    In generally it is a misuse of a DPOA to line ones own pocket  or not act in the grantors best interest.

    True, if Dad waited too long to address a civil issue once he was on notice of the problem (registering the deed probably started the time clock --beyond me.)  the statute of limitations might bar an action.

    Dad needed a good attorney early in equation  --may be darn hard to salvage things now?

    As an aside --he might be able to fight an eviction for a long time --but thats a very detail oriented debate  not you ordinary L-T debate.



  • Tue, May 21 2013 4:32 PM In reply to

    • Smurfin
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    Re: What can be done?

    Dad did take action as soon as he found out but he founf out too late i guess he had also chancged POA he is 91 and wants to live his remaining years in his home he built. 

    So the child cannoy be charged with anything for his/her actions? Elder abuse for stealing from him him

     

     

  • Tue, May 21 2013 4:52 PM In reply to

    • Carol757
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    Re: What can be done?

    You can always contact the department of adult protective services in your county to see what recourse is available. 

  • Wed, Jul 23 2014 7:54 PM In reply to

    • Smurfin
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    Re: What can be done? UPDATE

    To sum this up Granddughter pleaded through a place asking for money to help the dad save his home. He was able to by it back from the funds donated with extar for home imrpovements. he has since past away and the home is in granddaughters name now

  • Sun, Jul 27 2014 4:08 PM In reply to

    prognosis? hmmm Re: What can be done?

    not good prognosis:

    even if Dad took action , his actions would have been oveerruled any evil power in his mix, due to Dad's pain and suffering at the time - a person of ANY age loses it all, if someone wants it during a vulnerable time.  BIG help for a bit then better and quieter as safety and powers are restored as possible .

      It's bad - even young and strong, I was almost killed when an accident impaired my strength due to pain and life path upset.  I suffered rather than take pain meds to keep my wits about me or I'd be dead! Remembering the agony of those days, alone, means I am here and being and keeping friends.

    It has nothing to do with legal incompetence but with the ability of ANY Person in pain or injured status, to fend for themselves - all it takes is ONE wrong-minded person in the mix and it can be all the worst things.

    GOOD NEWS? the law is on his side, in spirit - on the side of all who are most certainly abused. But how to get there?   The attorney who helped in the past has died and I am abused again  - I had no idea it could be like this. Put in the call here for help. Wish me luck.

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