8 ms·

This is terrifying, I have elderly parents and I hope that they would call me if something like this happened to them but I don't doubt that they could get ambu

This is terrifying, I have elderly parents and I hope that they would call me if something like this happened to them but I don't doubt that they could get ambushed and something hard-to-unwind could happen. The crux of the problem seems to be that the State allows guardians to profit from their arrangement. It's ludicrous that courts enforce guardian's financial claims against people who are presumed to be incapable of independence. Edit - it looks like April Park was doing things illegally. She's facing >200 felony charges: http://www.ktnv.com/news/contact-13/four-indicted-in-unprecedented-guardianship-abuse-case http://www.ktnv.com/news/contact-13/four-indicted-in-unprece...

zitterbewegung 9y ago
IANAL but If you want to fix this get your parents to sign a power of attorney over to you.
- crispyambulance 9y ago
  Yes, absolutely essential. Best done with a reputable elder law attorney who can walk you through all the complex messes that can occur when old folks transition to assisted living and skilled nursing. The next step after POA is getting it filed with the banks so that you can monitor everything that happens and intervene as needed.
  - Flammy 9y ago
    Does this mean sending a copy to literally every bank? Dozens of major ones? Or just banks which your parents have a relationship with? Is there a central authority for this sort of thing?
    - crispyambulance 9y ago
      No, sorry I wasn't clear, just the bank(s) that your parent has accounts in.
- Swizec 9y ago
  > IANAL but If you want to fix this get your parents to sign a power of attorney over to you. If you are said parent, which of the kids do you absolutely trust to never ever screw you over no matter how much incentive there is and no matter how hard a times they fall on? That's what I'm worried about when getting old(er). You give your trust to an amazing person in their 40's with the best of lives. They'll take care of you. Then they fall on hard times 10 years later and oh hey look they have power of attorney over all this money maybe if they help themselves juuuuuust a little bit ... When I was 10 my dad drained my and my sister's savings[1] account that way. Just a little, just to get over the hump in his business, he'll put it all back later of course. 20 years later and afaik he still hasn't. Having access to other people's money when you have none of your own is terrible. I don't know if I'd trust myself with that, let alone somebody else. [1] of course it wasn't really our savings, think of it more like a college fund my parents started for each kid when they were born
  - no_excuse_ 9y ago
    > When I was 10 my dad drained my and my sister's savings[1] account that way. Is this a typo? At least in my state minors cannot own anything -- their guardians do. Therefore it would have never been yours to begin with. Even then, who is 10 and has enough money to float a business?
    - jackvalentine 9y ago
      It's fairly common around the world that minors can and do own bank accounts - usually tied to a guardian but the money is nominally 'theirs'. My 3yo niece has about 2000AUD in her bank account, from various gifts through her short life so far.
    - Swizec 9y ago
      > Even then, who is 10 and has enough money to float a business? I don't know how much was in there, but say my parents were putting in $10 every month. By the time I was 10 that would be around $1200. In a country where median income back then was probably around $15000 that's 1 month's salary. Plenty to tie one over when they're low on cash and see a paid invoice just around the corner. I'm sure he did it with the best of intentions and with full intent to put it back in just a short while. My point is that when you are strapped for funds and you have full legal access to somebody else's funds, it can be hard to resist.
- sandworm101 9y ago
  Free legal advice: Make sure it is a "durable power of attorney". In many jurisdictions a simple PoA expires when the person becomes incompetent. Most lawyers will understand the difference and get you the right type, but anyone trying to do it themselves with junk online forms might miss the distinction.
deleted 9y ago
[deleted]
dominotw 9y ago
I article shot my stress levels through the roof today, i should really reevaluate having kids.
dpatru 9y ago
> The crux of the problem seems to be that the State allows guardians to profit from their arrangement. It's ludicrous that courts enforce guardian's financial claims against people who are presumed to be incapable of independence. The noble-sounding term "public service" should be reserved for unpaid volunteers working for the public good. Instead public service now means a government job with a large salary, easy working hours, early retirement, etc.

zitterbewegung 9y ago

IANAL but If you want to fix this get your parents to sign a power of attorney over to you.

crispyambulance 9y ago
Yes, absolutely essential. Best done with a reputable elder law attorney who can walk you through all the complex messes that can occur when old folks transition to assisted living and skilled nursing. The next step after POA is getting it filed with the banks so that you can monitor everything that happens and intervene as needed.
- Flammy 9y ago
  Does this mean sending a copy to literally every bank? Dozens of major ones? Or just banks which your parents have a relationship with? Is there a central authority for this sort of thing?
  - crispyambulance 9y ago
    No, sorry I wasn't clear, just the bank(s) that your parent has accounts in.
Swizec 9y ago
> IANAL but If you want to fix this get your parents to sign a power of attorney over to you. If you are said parent, which of the kids do you absolutely trust to never ever screw you over no matter how much incentive there is and no matter how hard a times they fall on? That's what I'm worried about when getting old(er). You give your trust to an amazing person in their 40's with the best of lives. They'll take care of you. Then they fall on hard times 10 years later and oh hey look they have power of attorney over all this money maybe if they help themselves juuuuuust a little bit ... When I was 10 my dad drained my and my sister's savings[1] account that way. Just a little, just to get over the hump in his business, he'll put it all back later of course. 20 years later and afaik he still hasn't. Having access to other people's money when you have none of your own is terrible. I don't know if I'd trust myself with that, let alone somebody else. [1] of course it wasn't really our savings, think of it more like a college fund my parents started for each kid when they were born
- no_excuse_ 9y ago
  > When I was 10 my dad drained my and my sister's savings[1] account that way. Is this a typo? At least in my state minors cannot own anything -- their guardians do. Therefore it would have never been yours to begin with. Even then, who is 10 and has enough money to float a business?
  - jackvalentine 9y ago
    It's fairly common around the world that minors can and do own bank accounts - usually tied to a guardian but the money is nominally 'theirs'. My 3yo niece has about 2000AUD in her bank account, from various gifts through her short life so far.
  - Swizec 9y ago
    > Even then, who is 10 and has enough money to float a business? I don't know how much was in there, but say my parents were putting in $10 every month. By the time I was 10 that would be around $1200. In a country where median income back then was probably around $15000 that's 1 month's salary. Plenty to tie one over when they're low on cash and see a paid invoice just around the corner. I'm sure he did it with the best of intentions and with full intent to put it back in just a short while. My point is that when you are strapped for funds and you have full legal access to somebody else's funds, it can be hard to resist.
sandworm101 9y ago
Free legal advice: Make sure it is a "durable power of attorney". In many jurisdictions a simple PoA expires when the person becomes incompetent. Most lawyers will understand the difference and get you the right type, but anyone trying to do it themselves with junk online forms might miss the distinction.

deleted 9y ago

[deleted]

dominotw 9y ago

I article shot my stress levels through the roof today, i should really reevaluate having kids.

dpatru 9y ago

> The crux of the problem seems to be that the State allows guardians to profit from their arrangement. It's ludicrous that courts enforce guardian's financial claims against people who are presumed to be incapable of independence. The noble-sounding term "public service" should be reserved for unpaid volunteers working for the public good. Instead public service now means a government job with a large salary, easy working hours, early retirement, etc.