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What can I do if APS made false allegations against me?

I am my moms caregiver up until recently. I have had numerous obstacles to overcome. One being that I have miss managed my mothers affairs. Originally, there was a POA signed before my father passed. The 2nd agent on it was my parents shall we say "financial advisor". I was made the first agent. My father wanted him on POA to help guide me with all that I was to do and how to do it. After my father passed my mothers Alzheimer's
had gotten worse. So I started taking care of her. This 2nd agent, did nothing he promised my father he would do. Over time I have had a lot of difficulties concerning finances and bills and it sure what he actually had access to concerning my parents estate. The home is in a reverse mortgage, but there is no equity. So we aren't receiving any payments. There is a default now on the loan. The mortgage lender wants to foreclose & auction the house! I am scrabbling trying to figure it what to do. The 2nd agent has since resigned from POA and is currently being investigated by Department of Justice, filed bankruptcy, and lost his insurance license, his insurance company and is facing criminal charges. Did I mention, he did all my parents financial affairs like, IRAs, life insurance, investments, basically all of it. He also took somewhere between $30,000-50,000 from us since my father passed. I have gone over some of the bank records and see that my dad had given several loans to this man in the amounts totaling somewhere around $40,000. He knew I had no recourse because I didn't have
enough money to hire an attorney. He also was the one who withdrew the money from their annuities accounts. He would bring me a check but I would routinely ask how much was left he would never specify. Being that I was focused on taking care of my mom which took all my attention. I was not knowledgable in any of the areas which were his expertise I trusted him. My father thought highly of him and I trusted my fathers opinion. Now that we are losing everything and I can't pay for some of the bills as they are piling up! Someone had filed a petition with the court for Gardianship over my mom! APS social worker came per a complaint made about my moms care I guess. I couldn't pay the electric bill so thy took my mom and put her in a temporary facility. I no longer get paid to take care of her and her accounts were frozen. I had been trying to do all my moms personal affairs the best I could. I didn't squander her money or misuse it! But this social worker is making allegations that are false! And I have tried to explain that this man- the 2nd agent, had a lot to do with why we are in this situation. But now I tried to file a bankruptcy to save our home. I honestly don't know what I am doing. I ave tried to get some legal counsel only to be redirected so many times because i can't afford to retain attorney. My moms bank account has some money in it and it is frozen. I need help trying to figure out what to do. I am constantly reading info online but at this point I am on info overload. What can I do to protect what we have left, my mom, myself? I just want my mom back home where I can care for her again. I feel she is wasting away in the place they put her. Now they being APS ways to permanently put her there and I think are trying to gain access to whatever she has left to pay for her care. I just don't want to lose my mom. I miss her deeply.
Status: Open    May 12, 2016 - 07:42 AM

Elder Law > Guardianship

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Expert Answers

May 17, 2016 - 01:49 PM

Wow! That is a lot to deal with. I suggest that you see an attorney soon. The financial guy may have had malpractice or E & O insurance that will reimburse the money he took. Generally, reverse mortgages cannot be foreclosed as long as the person remains living in the home. Check the document for the details. Go to the hearing for the guardianship for your mother with documents to support your story.


May 14, 2016 - 09:43 PM

This sems like a heavy price to pay for failing to supervise and protect your mom form this predatory advisor. As POA, you were supposed to though. And APS was not going to leave a frail elder in a home with no electricity. I can't see how you can get anywhere without legal advice, unless maybe a financial advisor or estate planner can look at the situation with a low-priced or even initial free consultation and at least tell you for sure where you really stand. Even if you find pro bono or contingency-based help you can afford, your mom's remaining assets may indeed all be reclaimed by the bank and/or used strictly to pay for her facility care. It does not sound like she can live in the home by herself again, and it is not clear if the intent to return home, if she can even express it, would override the terms of the reverse mortgage (that is a factor in delaying estate recovery for Medcaid and leaving a home as an exepmt asset until the person no longer needs care).

Maybe the bankruptcy, even if it cannot keep any of Mom's asset in your control, will help you to start over and find a paying job and inexpensive rental housing that would leave you enough time and energy to visit your mom, stay as involved as possible and make as many good memories together as possible even if you cannot personally provide all her care and she has a different guardian. There should not be a restriction on that because of the financial debacle, IMHO! Sorry things happened to you and your mom this way!
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