10/22/2024
If you live long enough, we all come to the realization that sharing blood doesn't make you family. And sometimes it's the people you share blood with that will hurt you the most.
On Friday, October 11, I was having a mommy/daughter day with Amelia when my work cell rang. I try not to answer the phone when I'm with Amelia, but I felt compelled to answer.
It was a young woman. She called to inquire about obtaining a Power of Attorney over an elderly gentleman they were concerned about. I asked her whether the elderly gentleman was of sound mind. To that, she answered, "yes."
I told her that I offer POA drafting services, but only after speaking with the person who'd be granting this power to an Agent. I need to judge his capacity and voluntariness.
As an attorney, it's my duty to ensure the principal understands the amount of power they are giving an Agent when this document is signed.
I met with the elderly gentleman the following Tuesday, October 15, at my office. His long-time neighbors, turned family, brought him to see me. They arrived about 9am when my doors opened. I made it clear that I would only be speaking to the elderly gentleman, we'll call him Mr. P. I told them they were not to interrupt or answer for him.
I noticed that Mr. P was certainly older than 70, moved slow, walked with a cane, and was hard of hearing. Naturally, I was worried. I wanted to a) make sure he knew what he was here to do, and b) witness the interactions between him and the neighbors that brought him to my office to ensure they weren't manipulating him and using my services to further their own agendas. I'm a pretty good judge of character and body language.
I introduced myself and I asked him the following:
"Do you know why you're meeting with a lawyer today?"
"Do you know what you're here to do?"
He stared at me for a moment. Then he said, "I'm going to start from beginning."
If you know anything about people from a certain generation or those that have reached a certain age, they aren't going to be pushed into "getting to the point." They're going to share EVERYTHING they came to tell you before letting you guide them with questions.
For the next 2 hours, I listened to Mr. P and I asked questions for clarity. He answered and I was satisfied with all of his responses.
In that time, I learned:
1. He has no desire to live in a nursing home, so he needed his home updated. The home is over 60 years old.
2. He told me his birthday and that he's 96 year's young. (WOW)
3. His neighbors (the ones sitting in my office) helped him renovate it. They found the contractor and they would take him to the bank for money to pay the contractors. They saved all the receipts and gave it to Mr. P, so that he could see where his money went. Mr. P confirmed he received receipts. A majority of the work was complete, with the exception of a piece of paneling on the wall.
4. Mr. P's grandson, a man in his late 40s, was also coming around at this time. Mr. P stated his grandson would say "I can do this, I can do that" and to "Let him handle it."
5. After his neighbors helped him with the renovations, he didn't see them for a time and he needed help, so he finally took his grandson up on his offer.
6. He remembers going to a local attorney's office and signing a POA with his grandson. I looked up the recorded POA and it was signed and recorded on August 19, 2024.
7. He understands the purpose of the POA and articulated it to my satisfaction.
8. He began to regret his decision when he noticed his grandson wouldn't take him to the bank or if he did take him , he would conceal the statements.
9. His grandson would threaten him with placing him in a nursing home if he spoke to his neighbors or if he went to the bank.
10. The grandson even called the police on the neighbors that day when they picked up to bring him to my office.
After our conversation, I felt comfortable having him execute a new POA, which would revoke the previous one. I told him once this new one is recorded, the previous POA granted to his grandson would be revoked.
Before he would sign the new POA, he looked me in my eyes and wanted to make sure that before he signed, the prior POA would no longer be in force and that any threats from his grandson to place in a nursing home, would be just empty threats.
I assured him. He signed the new POA. It looked like a wave of relief washed over Mr. P. I told him that as soon as they left, I would go record the POA and that he could share with the bank that the old POA is no longer in force.
Unbeknownst to all of us at the time, we had no idea the evil we were about to uncover.
I'll share what that was during our live tomorrow evening:
