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Fri 28 Oct, 2011 03:53 pm
Being recently hospitalized for back surgery - and at a time when I was semi-conscious, Patty L, a woman with whom I've lived with for +24 years, had me sign a Durable Power of Attorney. She then used/abused this document to empty both of my bank accounts, and she took the title to my Honda Accord and transferred it to her name and then proceeded to sell it & keep the cash. Last but not least, she left - taking with her over $600 worth of my pain medication....talk about leaving me in a lurch. She also broke the house phone and stole my cell phone. Little by little all things are getting resolved but what she did - even tho wrong - is not criminal. So I will have to have
this matter resolved in civil court - for Breach Of Fiduciary Duty. Let us assume that all goes well / I win the civil case. Would the judge be able to attach the monetary damages against her monthly Social Security Disability check OR attach it to her School Board Retirement check to make her pay up??? Because if I had to collect the money from her myself, I would be
like going up a creek with no paddle. Does anybody have any ideas about
how this civil system works - do I stand a chance that a judge would
garnishee her retirement check or anything. If I have to attempt to
collect myself, it's very doubtful know how this system works??
I know I won't be able to collect from her - she has nothing - and
even her car has a title loan against it. It would not be worth all the
time/expense/ effort of filing a civil suit against her if I had to attempt
to collect myself.
@babsatamelia,
You've complained about this woman before here, Babs, but I don't remember the details. In this case, it sounds beyond a civil matter, but I'm no attorney. Me, I'd make inquiries at the city or county you are in re what recourse you have.
What do you mean it is not criminal? Who told you that?
@babsatamelia,
Quote:at a time when I was semi-conscious, Patty L, a woman with whom I've lived with for +24 years, had me sign a Durable Power of Attorney.
Quote:what she did - even tho wrong - is not criminal.
Who told you it is not criminal? Have you filed police reports or gone to the district attorney?
This is a fact sheet from the American Bar Assocation regarding Durable Power of Attorney abuse. Click the link to read the whole thing.
http://www.ncea.aoa.gov/ncearoot/main_site/pdf/publication/DurablePowerOfAttorneyAbuseFactSheet_CriminalJusticeProfessionals.pdf
Quote:PURPOSE OF FACT SHEET: Victims of durable power of attorney (DPA) abuse or their family members often report that their attempts to report this abuse to law enforcement are rebuffed with the following statement: “It’s a civil problem. Go talk to a civil lawyer.” While DPA abuse is a civil problem, it is also a crime and should be treated as one. An increasing number of newspaper stories describe successful investigations and prosecutions of DPA abuse. But too many criminal justice professionals still lack awareness of DPA abuse and the role they can play in holding offenders accountable and obtaining justice for victims. This fact sheet will enhance their awareness.
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