Saturday, September 11, 2010

Elders : Between a Rock and a Hard Place

by Angela Woodhull ,Ph.D.,

If an elderly person has gifted assets to one of her children, then that child "must" be committing undue influence or exploitation in order to have received such a gift.

So, imagine the situation this puts us and our loved ones in.

1. False accusation made by jealous relative that we are "exploiting" the elderly.

2. Professional guardian steps in, collaborating with the false accusation.
There is no way around it. The innocent party is then forced to hire counsel to defend against the false accusations. Even if the innocent family member "wins", the cost of winning is hundreds of thousands of dollars.

As the judge points out in this article, a family member who receives a power of attorney becomes "suspect." So, this creates a "Catch 22" for the elderly person. To create a power of attorney for the child she prefers means that she will now be placed on the "radar" of the professional guardians. To NOT create the power of attorney means that the coniving, meddling, jealous child can step in and create a guardianship. Either way, the favored child is portray in a bad light through the courts. Since the judges automatically assume that a gift of money or a power of attorney means "exploitation," the elderly person is left with no means to legally transfer her assets during her lifetime without creating havoc upon herself and her loved one (the favored child who is then made to look like Osama Bin Laden.)

2 comments:

Kim said...

DAMNED IF YOU DO DAMNED IF YOU DON'T!!!!

If jealous family member throws a fit, then court steps in, rapes, pillages, and takes the life of the loved one, and their estate.

If jealous family member doesn't throw a fit, court and it's appointed still steps in and can still accuse family falsely, then they still rape and pillage, takes the life of the loved one and their estate.

In guardianship, it only matters that the court gets a HUGE PIECE OF THE PIE, SO THEY WILL ALMOST ALWAYS SIDE WITH THE ACCUSER as THEY MAKE DEALS WITH THE DEVIL.

Maryann said...

You know that's a lie and no comments will be posted, and I'll have to report this website as such. The preferred child? That would be the most souless money hungry greedy sibling who will trick their parent into making preperations for their future murder by telling them a POA will assure their wishes will be carried out reguarding their old age. What that will be presented as by a lawyer the elder will have to pay to represent the POA, is that this is the only child of the elder. POA is not a gift of anything except responsibility to do as the elder requests with their money. What it has turned into is a golden ticket for the POA to rob and kill the elder while the rest of the family watches in horror.