I have been helping a lady to manage her real estate properties and pay her bills. In the last four months she ahs been loosing her memory. ...

Question

I have been helping a lady to manage her real estate properties and pay her bills. In the last four months she ahs been loosing her memory. Now her children forced themselves in and threatened me and believe I am commiting fraud and they are very unhappy that their mom trusted me instead of them. I would like to hand over the documents that I am holding, incuding a power of attorney. I do not know to whom or how. I have not taken any money or properties. Please advise me what to do. Thank you.

Answer

Your legal options depend somewhat on her mental capacity. If you believe she has mental capacity to make her own decisions regarding POA's, finances, health care, etc., you should ask her asap to transfer the POA to another person she can trust. Mental competence is required for a POA under which a person designates another person to exercise basic rights for specific or general decisions. However, if you believe she lacks sufficient mental capacity to make and perform these decisions, you should contact her health care provider and family to suggest that a guardian be appointed, which will require filing a petition in local probate court, which may be performed by any interested person, including family, health care provider, or you. An experienced lawyer can assist you.

Answer

You are in a very sensitive spot. Your friend's children can file suit against you for their misperceptions of your actions. To avoid this, and minimize legal costs that could impact you personally, I strongly recommend that you consult with an attorney immediately. I practice exclusively in this area and have represented people on both sides of these allegations. If you act wisely and quick, you can ensure that your friend's needs are met by responsible persons and that you spend as little as possible on attorney's fees (which may wholly be payable from your friend's funds if this is all handled in a quick, friendly manner). If you delay addressing this, it will likely be a costly, stressful mistake.

Feel free to call me to talk about this. I won't charge for a phone call.