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-   -   Judge made bad decision in passing of accounts (https://www.askmehelpdesk.com/showthread.php?t=642399)

  • Mar 10, 2012, 08:17 AM
    gooddog
    Judge made bad decision in passing of accounts
    I used money from my moms investment account to pay for her legal fees and her expenses at the nursing home clothing medication wheelchair etc and supplement payments to the nursing home monthly.I am the power of attourny after my mother died in ten years I used $100,000 of her money and have invoices for most of these payments.The judge ruled that I stole the money and did not allow any attourny compensation.The judge ordered to repay 100,000 dollars to the investment account.
  • Mar 10, 2012, 08:22 AM
    JudyKayTee
    What is your question?
  • Mar 10, 2012, 08:23 AM
    AK lawyer
    Quote:

    Originally Posted by gooddog View Post
    ... I am the power of attourny after my mother died ...

    Incorrect. Although you may have had a power of attorney, POAs do not survive death. So if you made some of these payments after she died, you had no authority to do so.
  • Mar 10, 2012, 10:46 AM
    gooddog
    Correction to my question. I was the power of attourny during her living years this all took place prior to her death
  • Mar 10, 2012, 11:06 AM
    JudyKayTee
    - And what is your question? How to appeal the Judge's decision? Something else? Where, what State or Country?

    If you had receipts and the money was spent for her benefit why did the Judge rule against you? Who brought the charges against you?
  • Mar 10, 2012, 12:30 PM
    gooddog
    The judge completely rejected my evidence and he found my conduct of management of my mother's estate shocking.This case takes place in Ontario Canada this charge against me was made by the judge.My lawyer does not see any basis for appealing this decision.
  • Mar 10, 2012, 03:50 PM
    JudyKayTee
    Your Attorney presumably has a lot more documentation than we have and a better understanding of your specific circumstances.

    I'm confused. Are you asking about handling your mother's ESTATE after her death or her INTERESTS when she was alive.

    I still don't know what the question is - what to do? What not to do? Whether to appeal? Again, your Attorney is a lot closer to this than I am.

    I have never seen all evidence rejected.

    Who filed the charge/claim against you?
  • Mar 12, 2012, 09:25 AM
    JudyKayTee
    Sorry you dislike the advice but without knowing the circumstances anything is just a guess.

    Post more info and you might get an answer you like.

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