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    LaRae52's Avatar
    LaRae52 Posts: 7, Reputation: 1
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    #1

    Jan 15, 2014, 06:38 PM
    Care taker should I not be compensated for months of difficult work.
    My boss went to visit his wife &/3/13 his wife passed on 7/7/13 Once this happened His son began doing anything he could to gain POA and conservatorship. He tried to remove me from My apt on his dads property. Took what ever he wanted from his dads home brought a u hall to remove me and told me I would never see his dad again or his dog. Well his dad made it clear that I worked for him not to listen to his son. And do what ever I needed to do to get him and his dog home Not to worry about the expense. He said he would compensate my for everything.! It has taken nearly 24 7 to get my boss to where he is today and need to know... will I be compensated, How do I go about being compensated for my expenses and my hours worked? Please help.I know nothing about an ex parte or what to do I thank everyone in advance. I Thank You I
    stinawords's Avatar
    stinawords Posts: 2,071, Reputation: 150
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    #2

    Jan 15, 2014, 08:16 PM
    First we need to know where you are. A state is fine don't need exact address. Next you never said what it is that you have done that you are wanting compensated for. Were you under some contract with your boss? What was your regular pay schedule? Did that end with his son obtaining poa? There are so many unknowns I can't really give you a good answer and I'm sure I am not the only one having trouble figuring out your question. So, if you would like to try to explain a little more I'll give it another go.
    ma0641's Avatar
    ma0641 Posts: 15,675, Reputation: 1012
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    #3

    Jan 15, 2014, 09:10 PM
    "My boss went to visit his wife &/3/13 his wife passed on 7/7/13" According to your opening comment, the wife died but the boss is still alive? So where is the boss who allegedly made the statements to you? Were you a paid employee? Where are you located as state and country laws vary. Why can't the "boss" back you up?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Jan 15, 2014, 09:18 PM
    Why is he hard for the boss to return ? What exactly does he need ?

    Why does the boss not mererely buy a plane ticket home and come.

    If this is your boss, who and how is he paying you the weekly paycheck ?

    If he wants you to get him home, tell him how much the cost is, and let him pay you in your weekly check?

    Something is being left out of this story.

    Also POA can not make choices against the wishes of the other person.

    When son is there, why not pick up phone and call his father and let father tell son ?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #5

    Jan 16, 2014, 06:20 AM
    I agree that something is missing here. And you need to fill in those blanks.

    What it sounds like is that you had an apartment on your employer's property. And this apartment was, at least partially, compensation for care giving for either your employer, his wife or both.

    Do you have any proof of what your boss said to you. Were you a paid caregiver, do you have pay stubs to prove it. Did you keep records of any expenses you incurred?
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #6

    Jan 16, 2014, 03:14 PM
    Quote Originally Posted by LaRae52
    I know nothing about an ex parte or what to do
    Are you saying there is some sort of court order?

    Court orders can sometimes be entered ex parte. This simply means that a judge has been persuaded to sign something without first letting you know about the application for the order.
    LaRae52's Avatar
    LaRae52 Posts: 7, Reputation: 1
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    #7

    Jan 18, 2014, 03:30 AM
    Shouldn't I get paid I did the work! I'm a care giver.
    I will be more specific, comprehensive and brief as I can. 1st. Riverside County Ca. My friend purchased a home in San Bernadino for her son. When their son Jr. moved out she moved with him. Leaving her husband alone. He isa diabetic with perihelia edema and glaucoma. He called me asking me if I would move into his studio and take care of him 5 days a week for 250. A week plus free room and board. I said I would. Through proper diet and exercise he has become much healthier. During my first year 2012 -2013 My boss only heard from his wife and son on payday when they would take Sr to the bank, On July 3rd 2013 Jr picked up Sr to go visit his wife. Three days later she passed away. The fallowing day Jr. sent Sr. to emergency. Again Two days after that, Jr sent Sr again. Only this time the hospital couldn't reach Jr. They ended up calling me. I picked him up.

    The following day Jr came to get Sr. He just said, he had been busy. Frantic about his dog Sr insisted on leaving with Jr. At the funeral and my boss was in a wheel chair he was so happy to see me he wouldn't let me go. He wanted to come home but Jr said they had things to do. Sr. agreed saying he would be home in a couple days this all happened in the week after his wife passed. For two days no call and no answer to my calls. I called police for a wellness check learned the EMT came at 3:00 am. Sr was again hospitalized in another hospital. When I phoned him I told him I would come the next day. But the son blocked Sr,s room and no further info could be disclosed. I lost him! The son had taken him out of the hospital and into a rehab. Also Jr lost his dog. I went there immediately. He couldn't leave but he wanted me to find his dog, The son said it had ran away, I had my instructions I had already called APS and the elder abuse but no one could figure out which jurisdiction would handle this case on several occasions in the past couple weeks and they still did not respond so I was semi powerless. I left telling my boss I would do what ever needed to be done to make things right again.

    I found the dog in Devoir humane society (a kill station). Some one had taken the dog and dropped her off there, 40 miles from where she was lost. I bailed her out took her home. Two days later the son came with a u haul and the police said I had to leave. He had POA. Then he proceeded to move his fathers belongings out of his home. Jr had Sr,s truck so I did not have wheels. And each time it cost me 40.00 to go to San Bernadino I was assured and instructed to stay and do what he asked. I was still getting paid. He told me not to listen to his son. This too was driving him crazy being isolated losing his wife, his dog, his life. He was so depressed and all drugged up. What his son was doing was trying to get the Dr at this facility to sign a paper stating he had dementia which he did. Jr immediately moved his dad to long term Christian living home. I managed to get him out using what I learned in the last month and a half. I got him home and well it goes on. Sr is back at home still at home his son has been taking him to court with this temp POA filing for his dads life more or less. But he has been denied each time! The judge said Sr. appears coherent seams to know what he wants and why he is here. And who he wants to care for him. His son failed to do what he was supposed to do.

    So my bosses finances have been given to the public guardian (thank goodness), but they left Jr in charge of his wellness. But that too was taken away given back to his dad. Jr. also tried to get a restraining order on me.. denied. Now my boss is at home getting better and better though there are some new problems physically he is doing much better. The public guardian only pays from the time that they were appointed not before. The son surely didn't pay me and my boss has no control over his money and the judge said I may need to file an ex parte . The judge assigned the public guardian on Nov 2 2013. July 3rd my boss went to visit his wife and son. I picked up my boss from the care facility on Aug 22 2013. So the time is July 3rd until Nov. 2nd I have not been compensated for.

    But now what? Just for the record the number of elder abuse cases is astronomical. Very few, make it to trial. My boss will go to trial on April 17 2014! :-) Once I am finished with this position for my boss I intend to further my career helping and educating as many people as I can about elder abuse in America. This needs to be addressed and I would like to be there helping in any way I can! I thank all my elders for doing their job in this world! Once again I thank the community for all your support.

    Thank You LaRae
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
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    #8

    Jan 18, 2014, 04:05 AM
    Good job, LaRae. You saved a man, his dog, his right to be his own person in old age. You learned that someone can revoke a POA, and your boss did.
    First thing I would do is write or type up an invoice of the costs you incurred for special things between July and Nov, along with the 250/mo pay. I might deduct a little bit for not having to care for him, but you deserve pay for being there, working on getting him home. Attach receipts for the dog pound, etc. Your local court house can help with any specific forms. You will need a notary.

    This is a bit of general info from one state:
    Documents to include with Motion:
    1 An Affidavit. A sworn statement of the allegations supporting the request for an ex parte, witnessed by a justice of the peace or a notary public.
    2 A Proposed Order. What you would like the court's order to be - in your case, that the guardian pay you.
    Ex Parte Order:
    A judicial officer will review your motion and may grant or deny the relief requested without a hearing. But in your case, most likely you will get a hearing.
    Ex Parte Motion Granted:
    If the court grants an ex parte motion, a hearing will be scheduled before you leave the court. The hearing will be within thirty days, so the other party may have an opportunity to express his/her views. The other side, however, has the right to request that a hearing be scheduled within 5 days. This request must be in writing.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #9

    Jan 18, 2014, 09:44 AM
    I agree with Joy. Clearly you will need to go to court for compensation, but I really don't see a problem with it being granted as long as you prepare the proper documentation.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #10

    Jan 18, 2014, 10:04 AM
    LaRae's explanation she wrote this morning is much more helpful (although the detail is sort of overwelming).

    Joy has suggested writing an invoice for services rendered, and then says something about an ex parte application. As I understand LaRae's explanation, an ex parte order is no longer needed. However if, as ScottGem suggests, LaRae go to court, an ex parte application would have nothing to do with that. She would need to go to small claims court (assuming the boss- "Sr." or the public guardian won't pay).
    stinawords's Avatar
    stinawords Posts: 2,071, Reputation: 150
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    #11

    Jan 18, 2014, 11:55 AM
    Wow! Thank you for coming back to give a more detailed account. While I don't see a problem with most if not all of your wages being awarded to you (because during the time he was in the nursing home you were not his care taker so that part might not be awarded but you can try for it). However, I do see this going to small claims. I see this because of the fact that the public guardian did not have control over the money before they were assigned to it so obviously couldn't pay you during that time. From what I have known with a public guardian (more from in the classroom because my real life experiences have children being the POA on much better terms) they are fairly restricted on what they can use the person's money on. So, might need a judgement to be able to pay your back wages. I could be off on that, like I said that is classroom information from years ago and in a different state. It is a good idea to come up with a "bill" from the time you weren't being paid so that the judge and whoever else needs to see it has a clear itemized list of charges you are asking for. Congratulations thus far and good luck in the future!
    LaRae52's Avatar
    LaRae52 Posts: 7, Reputation: 1
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    #12

    Jan 20, 2014, 04:41 PM
    Can the Riv Ca Public Guardian choose how many hours they'll pay for?
    Threads have been merged.



    I am a live in caretaker. I have been working for the past six months 7 days a week 9am - 9pm. I take up to 2 to hours a day off. My boss has been unable to access his money as it was tied up in probate court. The riverside county Public Guardian has been assigned his financial affairs, My bosses attorney said I would get paid for 10 hours a day 5 days a week. And that his son would be here in the evening and through out the night, but his son only came and stayed one night. He never did come and relieve me as agreed. Now The pub guardian said they only will pay for 8 hours a day 5 days a week! Starting from the time they were assigned Nov 3rd To the present But only for or 40 hours a week. What about the 5 pm to 9pm 5 days a week and working The two days I should be off, as well. Not to mention I did not get paid for July Aug, Sept and Oct, of 2013 Shouldn't they be paid hours as well? Where are the rewards in all this work I have done and am still doing? Now what do I do. I care about the person I care for I don't want to have to sue for it I will lose a job that I do vary well and enjoy . Though it is far too many hours. Especially if I do not get paid! I thank you all in advance LaRae
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #13

    Jan 20, 2014, 04:59 PM
    Inform the lawyer that you are getting no relief and that you expect to get paid or talk to the GAL about it and see what they have to say. If the person needs that kind of care then someone is going to have to do it. Also the laws of your State will govern alot of what is going to happen. As it seems from what your saying they are trying to get out of overtime pay from the looks of it.
    LaRae52's Avatar
    LaRae52 Posts: 7, Reputation: 1
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    #14

    Jan 22, 2014, 07:39 PM
    I thank you for your input. I have spoken to the gal and she informed me that they would not pay me for the time I have put in where his son did not. Nor would they compensate for my days off in which I also worked.That any more then the basic 40 hours a week, would have to be brought up at his trial date. April 17. "That kind of care" Is the kind he not only wants but that is needed for in case of any emergencies which may occur. He occasionally goes hypo or hyper hypoglycemic the signs are important so he must be monitored. He has the first stages of dementia but for the most part he is aware and alert. Once again I thank you and appreciate the input thank you You answer was in deed help full. LaRae
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #15

    Jan 23, 2014, 05:42 AM
    The conservator may be constrained by the rules of the conservatorship. Whereas a judge may have more power, especially if your employer can assent to the payments. So hopefully you can get the court to agree.
    LaRae52's Avatar
    LaRae52 Posts: 7, Reputation: 1
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    #16

    Jan 24, 2014, 12:00 PM
    Yes the answers I have received from all of you have been very help full and I appreciate them all. This is one of the most informative sites I have ever came across and I am great full .
    Thank You to
    This case is set for trial for conservatorship. The attorneys asked me if I were interested in being the conservator. I am mot sure really. I am not sure what is expect or if I'm even applicable.

    I need to do something real soon. You'll see why in my next question. When it rains it pours in southern California!

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