Being accusesd of Elder Abuse-Exploitation

[drl2008]

Need some help here. In a nutshell I am an only child who after the death of my father (and our only living relative) was placed by my mother on her checking account as a joint owner so I could pay her bills for her (she is a housewife and had never paid the bills or managed her finances.) We are both joint owners of the checking account and the bills all still come directly to her residence. When we are doing things together (A trip, visit to my house or her house, or whatever) one or the other of us will pay for something on one of her credit cards or one of mine...its never been an issue. I then pay the bills either from the joint account that we have together as mother and son or out of my own personal account that I have had since college and that I primarily use for my own personal accounts. I am now being accused of elder exploitation by paying bills that both of us have incurred from our joint account. I didnt keep real close records of what she or I spent on credit cards that were paid from this account since it was a joint account, I didnt think that was necessary. I have never signed her name to anything or incurred any charges under her name...if I paid for something out of the joint account, I used the debit card in my name. If something was paid for by her, she used a credit card in her name or wrote a check in her name. I never signed any checks with her name. Most of the bills were paid electronically using my sign on to the account. I guess my question is ... if a mother and son are on a joint account can I be prosecuted for elder exploitation by making transactions on this joint checking account?

Who is accusing? What do they want you to do?

...if the joint account was validly authorized you would normally not have any problems...and assuming the other party knew basically of the spending.

[Postman]

Boy this sounds like Texas! Get ready they go after custody when there is a single surviving heir (child). This is Prima Facia, "on the face, first look". If you dont have POA get a lawyer "NOT LEGAL AID". He'll respond Proof? Show it. With POA wave it in their face Proof? Show it. Mom trumphs all Proof? Show it. Good thing once they are defeated on custody they seldom come back " caprious venting their spleen, under the colour".

[drl2008]

The State of Nevada is actually the one persuing the action; based upon a report made to them (I assume it was one of my moms lady friends.) My mother is against this action but gave the state investigators full access to her records at home thinking that there was no reason not to, but not having any advice from anyone either before she did. She is on high levels of pain medication (oxycontin) and doesnt seem to always make the best decisions. I do not have any form of POA as she has not been ruled incompetent to care for herself or deemed not able to make decisions for herself (at least as of yet.) I have not made any transactions on her behalf except for transactions on the joint checking account. If we did something (a trip, dinner, groceries, etc) and she said she would pay for it I would pay for it on my credit card and then xfer funds from the joint account to my billpay account to pay for it. I never kept great records on this as I honestly didnt think it was an issue.

[Postman]

lawyer

proof, show it

[My mother is against this action ]


If she is competetent she can order them to stop. She can give you anything she wants.

If she is not competent then you should get your family involved if possible, go to court if need be, and set up something so that she is taken care of and the rules are clear for everybody, to avoid this kind of confusion.

[drl2008]

That is my feeling (and hers!) as well. Its of no ones business how we move our funds from one account to another. As long as I am not impersonating her, signing her name to incur charges, or acting on her behalf, I thought I would be protected by being a joint owner of the checking account.

[Postman]

okie dokey I felt the same on principal. I found I was wrong... when Adult protective services tried to take custody of my Dad. They can commit Mom to a nursing facility, petition a judge and become executor. And you will be charged (under indictment) for abuse and ALL joint funds and assets seized. You note about POA, she has not been ruled incompetent. A POA in essence is, WHEN I AM UNABLE TO MAKE DECISIONS, I ELECT BUGS BUNNY TO DO SO FOR ME. DEMONSTRATING MY TRUST EVEN THOUGH I AM OF SOUND MIND ASSIGN MY RIGHT NOW!

If you are so sure why did you ask in the first place?

Live and Learn...

lawyer
Proof, show it

A nurse brought me a little brown bottle maybe an inch tall with a tiny eye dropper in it. She told me and the directions said, 10 drops under the tongue. Within 45 mins my mother's tongue swole like a big pink cucumber sticking out of her mouth, she never spoke another word. It was pure morphine. Some hours later she died in my arms. Guess who unwittingly by design euthenized his own mother. Obviously as you infer I do not know what I am talking about.

I'll say a prayer, and no more.