Legal Question in Wills and Trusts in North Carolina

My aunt received a check from her ex husband from his death she is in a nursing home and I don't know how this happened but my other aunt that looks after her lives in same town goes to store for her exc. anyway my aunt was gonna give my aunt power of attorney of her so she could be in charge of her finances with the check before my aunt got to the nursing home to talk to her about everything she somehow signed the check over to someone that works at nursing home what can my family do about this

Asked on 10/17/13, 7:00 pm

2 Answers from Attorneys

Kenneth Love Ken Love Law

Get an elder law attorney now. Someone needs to investigate everything that happened to tell you what could be done.

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Answered on 10/18/13, 7:52 am

I concur. You don't tell a very coherent story here but I cannot see why the aunt in the nursing home would have signed a check over to an employee of the nursing home. I could see if your aunt owed money to the nursing home why a check might be signed over to the nursing home but not an employee there. Is your aunt mentally competent?

If not it sounds like an employee at the nursing home took advantage of your aunt. If that is the case, then whoever is power of attorney for your aunt in the nursing home needs to go and have a talk with the nursing home director. The person who received the check may need prosecuted criminally if there was any criminality here.

If your aunt in the nursing home is not mentally competent then she cannot make a power of attorney. Instead, someone would need appointed as the guardian.

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Answered on 10/18/13, 1:38 pm

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