Legal help for power of attorney abuse is available.
The article is written for people in the United States.Powers of Attorney in other places have different rules and requirements.If you are not living in the United States, you should consult the laws of your own jurisdiction.Financial abuse is a fact of life for many elderly people.They may be tricked out of money by strangers, but many will be ripped off by family members, including those they named as their agent in a power of attorney.Power of attorney abuse occurs when the agent oversteps his or her authority or when he or she acts in a way that harms the elder.If you suspect power of attorney abuse, you should look for an elder lawyer.
Step 1: Ask who they are.
If you suspect someone is the victim of power of attorney abuse, you should meet with a lawyer.Ask your friends, family members, or colleagues if you can find referrals.If the agent is a family member, don't tell them that you're looking for a lawyer.Don't ask them if they know an elder lawyer.
Step 2: Call your state or local bar association.
You can get referrals from your local bar association.A bar association is made up of attorneys.Most of the time, they give referrals.You can call or visit the website.You can use a search engine to find your nearest bar association.There are links to bar associations on the American Bar Association website.
Step 3: Ask another lawyer.
Another attorney is a good source of referrals.When buying a house, writing a will, or adopting a child, you might have used a lawyer.Ask the lawyer if he or she can recommend an elder lawyer.If the elder used a lawyer to draft the power of attorney, you should reach out to that person.
Step 4: Legal aid organizations can be found.
If you don't have a lot of money, you can visit a legal aid organization.Free legal help to people in financial need is provided by legal aid organizations.If you look in your phonebook, you can find a legal aid organization.The Legal Services Corporation's website can be found at www.lsc.gov.You can enter your address by clicking on the link at the top of the page.If there is a law school nearby, you should stop into it.Students at law schools provide free legal help under the supervision of a faculty member.
Step 5: You should research the lawyers.
You should research lawyers after you have a list.Most lawyers have websites.The overall presentation is something to look for.Look at the website to see how professional it is.The lawyer might be careless because of the sloppy website.Experience.Lawyer websites should explain a little about the attorney's experience.Someone who has dealt with elder abuse issues is a good choice.Expertise.If the lawyer is a certified elder law specialist, the website should mention it.Some states allow lawyers to become certified specialists.The lawyer has to devote a certain percentage of their practice to elder law issues.They have to pass a written exam and take continuing legal education classes.
Step 6: You can schedule consultations.
You should schedule a consultation with at least three lawyers after you have a list of lawyers.You can ask the lawyers questions about their experience and current situation during the consultation.Ask the lawyer how much the consultation will cost.Free consultations are offered by some lawyers.Others charge a small fee.The average time for a consultation is 30 minutes, so you should get organized.
Step 7: There are relevant documents to gather.
Whatever documents you think show abuse, take them out.The lawyer should be given an order to look at them during the consultation.You can gather the elder's financial statements.You should show the bank or credit card statements to the lawyer if they show suspicious activity.You take notes when you meet the elder.The lawyer should be able to explain why you suspect financial abuse.
Step 8: Put together a list of questions.
You can ask a few questions during the consultation.You should draft them before you go and write them down on a notepad.If this abuse is happening, how would you address it?Would you report it to the police?The agent should be sued in court.What is likely to happen in this case?What are your costs?Do you charge an hourly rate?Who will work on the case?What are their rates?
Step 9: Meet for a discussion.
Arrive on time.You shouldn't run late because lawyers are busy.You have plenty of time to find parking.If you are late, call the attorney's office.Reschedule for a day and time when you won't be busy.When you get to the office, tell the receptionist that you have an appointment with the lawyer.
Step 10: Pick a lawyer.
You should review the information the lawyers gave you during the consultation after you have met with them.You have to make a decision on which lawyer to hire.How comfortable you are with the attorney is one of the factors to consider.You want someone who is comfortable talking to and asking questions because you will be working closely with this lawyer.The lawyer has a skill.You want someone who knows how to investigate elder abuse and handle lawsuits.The fee is reasonable.You should pay the lawyer's requested fee if you don't want to hire the cheapest lawyer.
Step 11: You can call the lawyer.
You should call the attorney if you want to hire them.You should tell any other lawyer you met that you have chosen a different one.You don't have to give a reason.You should get an engagement letter from the lawyer you hire.Look closely at this document.The agreement is between you and the lawyer.What the lawyer's obligations will be, what your obligations as the client are, and the fee arrangement are all explained in an engagement letter.If you need clarification in the letter, call the lawyer.If you agree with everything in the letter, return it to the attorney.You should keep a copy of the engagement letter.
Step 12: Take a look at the power of attorney document.
There are no two power of attorneys the same.You should find a copy of the elder's power of attorney and read it to understand what powers it gave the agent.A family member might have a copy of the elder's.Ask if you can read it.The agent is granted limited powers in some power of attorney documents.An elder might give the agent the power to sell.The elder's vehicles can't be sold by the agent.The agent can't make purchases on the elder's credit cards or withdraw money from his bank accounts.General powers are granted by some power of attorney documents.An agent may have had power over financial matters.The agent manages the finances for the elder.
Step 13: Talk to the older person.
An elder must be kept informed by every agent.An agent's most important duty is this.If the elder is not kept up to date about what is happening financially, then the agent is violating their duty.When the agent isn't around, try to visit the elder.You can volunteer to take the elder out for an afternoon.When the agent is out, you could stop in and visit.You should be suspicious if the agent has limited who can see the elder.The elder may be secluded out of fear that someone will discover the financial abuse.Try to talk to other family members.If you don't see the elder often, you might want to meet with family members who do.They may have seen shady financial dealings.
Step 14: There are bank account statements.
You can see how much money is in and out of the account by looking at the bank statements.You should keep copies of the bank statements if you see large unexplained transfers.Take a look at credit card statements to see what has been purchased.Pay attention to the stores where the purchases were made.Is it possible that these stores sell products the elder would use?If you see purchases at a lingerie store or sports equipment store, you should be suspicious.There are statements for retirement accounts.Is the pattern of disbursements still the same?The elder might have received $500 a month from his retirement account.You might want to ask the agent why the change was made if you see a sudden increase to $1,000 or so.
Step 15: The title should be checked to the property.
An elder's property cannot be transferred into the name of an agent.If the power of attorney document specifically states that the agent can, there is only one exception.You should check to see if the agent has sold or transferred the property.The elder's house has a deed.It is still in the elder's name.Make a copy of the deed if it has been transferred to someone else.Look to see if there are any vehicles left on the property.Ask where the agent is.If they were sold, the proceeds should be deposited into the elder's checking or savings account.