Elderly Woman Who Says She Was Conned Into Signing Over Power of Attorney Gets Her House Back
A 76-year-old woman who says she was duped into signing her power of attorney over to a couple has finally gotten her house and cars back. Euna Dement, now bedridden and living in a nursing home, says that last year, Jeanette Tidwell and her husband Tommy Lee Tidwell, Sr. conned her into signing over her power of attorney to them. Dement says that the couple later put her in a nursing home and left her there. The Tidwells are being charged with felony theft and exploitation of the elderly. They are scheduled to stand trial beginning March 5.
Last February, Dement had nearly $92,000 in her bank account. One month later, there was just a little over $1000 left. Her home and her two cars were also gone. She also says that the Tidwells stole her Sony television and her sofa.
A lawyer helped Dement get her cars and home back.
Power of Attorney:
A power of attorney is a legal document that bestows authority on the appointed person to act on behalf of the principal (the person bestowing the power of attorney). The person given the power of attorney is called the attorney-in-fact. A power of attorney lasts until the principal terminates the power of attorney, becomes incapacitated, or passes away.
A principal can elect to authorize a Durable Power of Attorney, which either continues to be effective until the principal becomes incapacitated or dies or doesn't go into effect until then. The scope of the attorney-in-fact’s authority will be up to the principal to determine. As long as the principal is considered legally competent, however, his or her decisions can never be overridden by the attorney-in-fact.
Durable Power of Attorney for Finances:
A person who has power of attorney over another person’s finances has the authority to manage the principal’s finances. While a Springing Power of Attorney gives the attorney-in-fact authority over the principal’s finances if the principal ever becomes incapacitated, the Immediate Durable Power of Attorney goes into effect right away.
A Power of Attorney for Finances can file your tax forms, buy or sell property, withdraw cash at the bank, make deposits, negotiate and sign contracts for you, apply and collect benefits on your behalf, fund a trust that you’ve set up, pay your daily bills, and handle other finance-related matters.
Durable Power of Attorney for Health Care:
The person appointed to be you health care agent has the authority to make decisions regarding your care. The scope of their authority is as broad or narrow as you would like it to be. It is important that you only bestow the power of attorney to someone you can trust.
At Sagaria Law, P.C., one of our estate planning attorneys can help you set up your power of attorney. We also run an Elder Care and Estate Planning Practice, which allows us to help elderly persons ensure that their assets and rights are protected. We are also happy to provide our elderly clients with other legal services, such as the setting up of conservatorships, drafting of advanced health care directives, and other estate planning-related issues. Many of clients come from Monterey County, Alameda County, and Santa Clara County, including the Northern California cities of San Jose, Carmel, Fremont, Berkeley, Cupertino, and Sunnyvale.
To schedule your free, no obligation consultation, contact Sagaria Law, P.C. today.
Elderly Woman Conned; Gets House, KSLA.com, January 31, 2007
Related Web Resources:
Power of Attorney, Nolo.com
