That is a condition diagnosed by a Doctor, and recognized by courts. You stated she is demented. Not one single drop of guilt, got it? IF she has progressed to teh point that giving her money ends up with her "burying it in the back 40", there is no rational logic to let her use any amount of money to her any longer, since it could be seen as potentially losing it or spending it in ways that prevent her paying for needed care.
You are doing good work! List hours spent on your calendar, and in the checkbook, or online banking--some online banking allows labeling debits--do that. How much money does she get to handle? By "reasonably" that usually means that if anyone else were providing same, the pay rate for them, nor for you to do same, is similar.
It is also a crime to forge a check or write a fake check. By having a POA for her financial affairs, that is supposed to allow you to do all her financial things, including paying for her care, whether it is provided by others, or yourself.
Note that different rules apply in superior court and in small claims court. That means she is no longer capable of thinking logically enough to transact nor be responsible or accountable.
However, if the check writer told the bank to stop payment on the check to resolve a good faith dispute, you may not be able to recover damages or other costs. It sounds like you have been doing a good job; the question is, whether you can afford to keep doing it [financially OR emotionally]. That means she depends on others for care, and one of those is you!
That has to be your choice, and whatever you choose, it is OK.
Writing a bad check is a crime if the check writer knew that there were insufficient funds to cover the check and intended to defraud you. OR, move her into a long-term care facility. In that case, as long as she has paid her bills first [including paying you for what you provide], THEN she could have an allowance to shop with.
If the check writer does not pay you within 30 days, you may file a lawsuit. Note that you cannot have a lawyer in small claims court because that court is meant to resolve disputes quickly and inexpensively. Protecting Consumers Bad Checks A bad check is a check that you cannot cash because the person who wrote the check: Probably on their State taxes, if your State has those, too.
You must send a demand letter to the person who wrote the check. File in small claims court. JUST make sure you are very clearly keeping records of your hours spent doing her care. A copy of your demand letter and the signed certified mail receipt that proves you mailed the letter. File in the civil division of the superior court.
Where to file your lawsuit: What to show the judge at your court hearing: You do not have to prove that the check writer intended to defraud you or wrote the bad check on purpose. A person providing care, shelter, food, etc. You may also sue someone who writes you a bad check without having a valid reason for doing so.
Send the letter by certified mail with a return receipt, and keep a copy of the letter and receipt. ARE you feeling guilty enough that you allow your Mom to handle money?
Any documents related to your case, like a copy of the bad check, bank statements, receipts, letters or emails to or from the check writer, and notes of any conversations you had with the check writer.
But it does not necessarily mean you earn the same as a Nursing Home [their overhead is higher than you sustaining your Elder at your home].The Executor can use the bank account to write checks for bills, and every penny has to be accounted for thus every bill and copy of the check to be available when the.
Can the POA for moms financial arrangements write a check to herself for monthly care? Follow. Unfollow. Share My mom has dementia which has progressed to the point that she worries she has no money. I consulted an eldercare attorney, looking to the future. Mom is in an ALF and has enough money for a while.
When the time comes, probably in. Step. Check the Power of Attorney agreement to ensure you have the right to write checks and process financial transactions as part of the agreement. How to Endorse Checks Payable to Multiple People. Menu Search Go. Go.
Investing. Basics If a check is especially large, or it's part of an insurance or legal settlement, talk with your bank and ask an attorney in your state how to proceed. write the check using “or,” or ask how they prefer to receive gifts.
Under this information, include the date and your attorney’s name and address. Finally, include your case number or your full name%(30). After your name, you can write in the words “agent,” “attorney in fact,” “power of attorney” or simply, “POA.” Your final signature should read similar to "Sally Smith, by Samuel Smith, power of attorney.".Download