What Can Be Done If My Agent Under My Power of Attorney is Misusing Funds?
Video Summary
What can be done if my agent under my power of attorney is misusing my funds? The first thing you need to do is contact your attorney or an attorney immediately and rescind and revoke your power of attorney. Secondly, if you are over the age of 50 or 55 you should contact the Elder Abuse Line and ask the sheriff department to investigate this matter as far as crimes against the elderly as far as them misusing your funds. So the immediate response or as soon as you find out about this you need to revoke the power of attorney so that they can no longer use it, notify your bank and that way they will no longer be able to use it.
If you put someone on your account as a joint tenant, that is going to be problematic. I suggest that you remove all the money from the account and open up another account just in your name so that they do not have access to it. That is of course problematic if you are getting your monthly social security checks and pension checks in this particular account, but that is a step in the right direction and then notify Social Security and these other agencies to send the money to the new account that the joint tenant does not have access to so that they cannot misuse your funds.
If you have any questions or need any assistance, give me a call at 727-847-2288.
- Published in Estate Planning, Videos
How Long Can You Remain in a Foreclosed Home After It Has Gone to Auction?
Video Summary
How long can you remain in your home after the property has been foreclosed and has gone to auction? Well after it is auctioned off, the clerk will issue a certificate of sale and approximately 10 to 14 days after the property has been sold they should be issuing a certificate of title. If you are the owner of the property, they then can apply to the court for a writ of possession. In years past, the courts depending on which particular court it is or judge, they have issued an order direct from the clerk to issue a writ of possession, so I would have in the past told you have about 10 days to 14 days before you would need to move out because once a writ of possession is issued you only have 24 hours.
However, that depends a lot on the lender and if they wish to take possession right away. In the past, we have seen lenders contact the owner and have a realtor contact them about when they are going to move out and work with people as far as vacating and leaving the property in good condition. There used to be even some assistance where they would give cash for keys in order for the person to leave and not damage the property. Lately we have seen whenever we have foreclosed and request the court enter an order directing a writ of possession to be entered, the courts telling us in Pasco County, Florida that we have to set our motion for hearing, which is out probably six weeks.
Unfortunately, I cannot give you a hard and fast rule but it is safe to say that you have a minimum of 10 days after the foreclosure sale to be able to stay in your home or stay on the property. If you are a tenant, the Federal Obama Law has sunsetted and there is no longer a federal law that allows you to remain in the property after the property has been sold at auction on a foreclosure sale. However, I believe there is now a state statute and I am not sure the effective date that may give you some relief to be able to stay in there if you were a tenant of the property. So unfortunately I have not given you a definitive answer but you do have a minimum of 10 days.
If you have any questions or need representation in conjunction with the matter, give me a call at 727-847-2288.
- Published in Real Estate - Foreclosure, Videos
Ask Jaleh: Is a Guardianship Appropriate for My Loved One?
Video Summary
Is a guardianship appropriate for my loved one? Guardianship proceedings are designed to provide safe mechanisms for assistance to prevent the abuse of a vulnerable person. They are also used to alleviate the risks that an incapacitated person may present to himself, herself or to others. Furthermore, they are used to restore the incapacitated individual with the help and financial security that they deserve.
The intent of guardianship law is to accommodate the best interests of the alleged incapacitated person or ward, which is someone who has already been adjudicated as incompetent and to do so in such a way as to preserve as much of the ward’s independence as possible under the particular set of circumstances of that individual.
Guardianship should be considered an extraordinary procedure used only as a last resort when no other mechanisms for support will suffice to protect your loved one. A guardianship is not necessary for every incapacitated person, but those who lack support mechanisms to overcome their incapacity.
A guardianship may be necessary if your loved one is a danger to themselves, such as lacking the ability to be responsible for their cleanliness, their own care or their own personal nutrition. A guardianship may also be necessary for your loved one if they may be in financial danger such as spending funds improperly or making repeated foolish investments due to their incapacity. In this situation, a guardianship may be the only alternative to preserve your loved one’s funds for their lifetime of needs.
A guardianship may also be necessary if there are wrongful fiduciaries or caregivers in place who commit wrongful acts either purposefully to your loved one or potentially in error. In this situation, a guardianship may be the only way to protect them against such malfeasance or misfeasance.
If you believe that a guardianship is appropriate for your loved one, please contact Waller & Mitchell today to set up an appointment to discuss all of your legal needs.
- Published in Guardianship, Videos