I think I am being investigated for elder financial abuse of a relative in another state. She had given authorization to utilize her credit card and bank accounts to support myself while I am awaiting my disability hearing as I just had my 5th heart attack and open heart surgeries as well as being diagnosed with schizoaffective disorder. She had told me she had completed paperwork at the bank giving me access and signing authority, however I recently found out that was not the case. She also gave me permission to apply for credit for her to utilize for travel and setup for her care as she is getting to a point where she needs assistance and I am setting up a plan of support and services for her. She is adamant that she freely offered me the assistance without and influence by me. However I believe the bank reported her to social services as an investigator was out to visit her and she has been contacted by a behavioral modification specialist from the department of developmental services. First off, I am afraid they are going to try and take her rights away which I feel she is not at the point yet for that to happen. Secondly I don’t want to end up in jail for this as I have not done anything to exploit her or put her well being in jeopardy. I now have durable financial power of attorney from her as well as two affidavits stating I had her authorization for the transactions and actions I have taken and it was done with her knowledge and I did not intimidate, coerce, or influence her in anyway. I have been in contact with her grandson and son and explained everything going on. I am not sure how to proceed, My relative has been like a mother to me since I was born we have a very special relationship and have always supported each other when needed and shared all we had with each other. She is not upset in the least bit and is fully aware of her decisions and actions I have taken. I don’t feel I have done anything wrong except not knowing enough to get power of attorney before dealing with her accounts. I know how it looks from the outside as I have researched this topic a lot in our situation every warning sign was there but I have not put my relative in any jeopardy or risked her well being, in fact she seems in better spirits and more jovial. Any thoughts or comments would be greatly appreciated, I just don’t see what I’ve done wrong.
Did you have a contract to provide any services to her?
You are in a pickle. In most places it is not legal to apply for credit in another person's name, nor are you generally allowed to use their credit cards.
I do wonder how you expected to pay her back if your disability hearing goes through? Generally disability is not a generous income.
If you’ve done nothing wrong, you must have documents that back you up. You can certainly see how this can be construed es as elder abuse, can’t you? So their concern is a valid one. Work with your relative and her family to provide any information you have to support your claim.
I don’t think applying for credit in her name is legal. Did you research that before you opened accounts in her name? I can see “fraud” written all over this as you misrepresented her and signed applications for credit illegally. Did she sign those applications for credit? If so present the evidence you have that she was aware. Still, if you signed for her without POA or forged her signature, it’s illegal.
This is complicated. Have you been served any paperwork from her attorney or received any letters from her state agencies?
Yes, you are in a pickle. I would gather all your paperwork as to what was received and how it was spent. But it’s going to be difficult to defend yourself when you fraudulently applied for and received credit in her name.