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  1. #1
    Join Date
    Mar 2012

    Default Power of Attorney Holder's Right to Reimbursement of Travel Expenses

    My question involves a power of attorney in the state of: California
    To get a fuller picture please start with the last paragraph. Will add to it later if needed.

    Besides the fact that it says clearly on the forms that reasonable fees & expenses may be taken by the Poa, when I made (this trip in question for which I took fees as Poa), I did so with 2 understandings in place, from 2 promises made. 1 can be verified w/ a social worker that was on the clock & has said she will take questions about this promise, & one was just from my grandmother for much more money than I took - I just took itemized time & expenses.

    The Sacramento Pd says no crime has been committed, but I am dumbfounded as to how this ombudsman services non-profit could be harassing me at all, nevermind w/ the evidence I've given them that my grandmother is perjuring herself - oh my yes, what a classy situation this is.
    This person I've been dealing w/ put down in black & white that even if "my contacts" (the social worker is 'my contact'?) stated otherwise, since my grandmother denied it the money had to be returned, essentially stating that the evidence didn't matter - clearly not legal!

    The Sac Pd's fraud person's take on this was that I should look up this Osnc group on BBB to see if they were even legit & potentially just stop dealing with them. She advised I do something like this or get free legal help. What makes this extra difficult is the whole part where I live fairly far from where she does in another state - so I can't just go somewhere local, I don't believe anyhow.

    Thanks so much for your time - my household has been hard-hit by the recession & can't just give this money back - part of which I actually spent! though in truth the missed work is the same difference only a greater expense. My concern is about being tied up in an even more costly legal process - it seems clear that I can't be prosecuted. I've tried to go over the ombudsperson's head on this & haven't received a call back. Also trying other low-cost legal services - just haven't gotten many responses/been playing phone tag or they can't help me b/c I'm not the elder. I Am also trying to save the relationship if I can, but it seems mediation is voluntary.

    " "

    More details (from the beginning)
    The day after Thanksgiving last year, I started getting phone calls about my grandmother's stroke. My financial situation not being good enough to just drop everything & spend money/miss work - I am a somewhat older student but a student nonetheless, w/ a lot of debt & loss due to lack of/underemployment in my household - I made the trip after my grandmother promised expenses, & that there were two Cds, of equal value, for my mother & I, & the one for my mother was "enough to get her on her feet, for a while" (raised eyebrows - indicating her understanding about how much it would take to get someone on their feet who hasn't been in over 30 years). When it became clear this money would just go to denying her benefits, I realized that w/ no light at the end of the tunnel in terms of these funds, I would have to take money not just for the promised direct expenses, but for missed work.
    I wrote a detailed letter, explaining all this, & the only way I found out she was even upset was from this ombudsperson. She has cut off contact. I have since written over 30 pages worth of letters to her, her friend who also promised the expenses to me for her, the ombudsperson, but my grandmother has a history of vindictive/abusive behavior & isn't seeming to hear reason. I'm even wondering if I can file a complaint that my grandmother is getting bad counsel - it seems it's gov't funded for chrissakes! though the Pd hadn't heard of them..

  2. #2
    Join Date
    Sep 2011

    Default Re: Power of Attorney Holder's Right to Reimbursement of Travel Expenses

    It sounds like the gov't is supporting your grandma and you cashed in her cd's. I would say you had better come up with the money.

  3. #3
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: Power of Attorney Holder's Right to Reimbursement of Travel Expenses

    You do a lot of beating around the bush without being clear on the exact issues.

    You appear to be stating that you used your status as attorney-in-fact to cash in your grandmother's CD's to which you and your mother were ostensibly the intended beneficiaries after your grandmother passes away. Your goal here was apparently to keep the state from utilizing your grandmother's assets to pay for her care ("When it became clear this money would just go to denying her benefits..."). We have no information about how much money is involved, or the basis of your taking what sounds to be all of your grandmother's liquid assets to "reimburse" yourself for "direct expenses" and "missed work". You seem to be stating that your grandmother denies that you had any right to take her money, and that she is mad at you for taking it. Is that about the gist of things? Please fill in the missing details.

  4. #4
    Join Date
    Mar 2012

    Default Re: Power of Attorney Holder's Right to Reimbursement of Travel Expenses

    Hello & thanks - & no to much of the above - no assets were in total remotely liquidated.
    She specifically promised expenses, which were in the amount of ~$473 - I took $443. I also took missed work of 4 days ($180/day) & $270 for hours taken & projected, at $15/hour. I didn't "cash in" on the Cds in the amount promised in the remote sense - I just took expenses b/c yes, they would otherwise go to denying her benefits anyway. She is perjuring herself, & so far:
    The police say no crime has been committed.
    Just answer says no attorney will take this on a contingency, & that she couldn't sue via small claims, while repeatedly not saying why.
    On the forms, it says specifically that payment for services rendered may be taken by the 'agent' (me as Poa).
    So I don't understand how this Ombuds person can be harassing me - saying it doesn't matter if my grandmother is perjuring herself, not looking into evidence as to this & another matter of her statements disappearing, etc. I am also trying to find out if I can file some kind of complaint against this ombudsperson, but am running out of time before some kind of action may be taken - it aint like grandma has much to keep her busy. I am wondering if basically she could lie her way into an attorney taking her case, & if I can somehow circumvent that - for example by making a complaint about the current proceedings - which I doubt, but you never know

  5. #5
    Join Date
    Apr 2009

    Default Re: Power of Attorney Holder's Right to Reimbursement of Travel Expenses

    The only thing that I can grasp from your posts is that some Ombudsperson is "harassing" you. Whatever exactly "harassing" means in this situation. And whoever it is that this Ombudsperson represents.

    What do you mean "running out of time before some kind of action may be taken?" What "proceedings?"

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