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Elder law

MOM IS 91. i am 61. Salesman sold us an addition*(sunroom) for mom.

Company name is Comfort window and doors.

Mom was all excited its off her bedroom and its all glass so she can watch everyone outside. Salesman told us we could only have a 5 ft sliding glass door that a 6 ft wouldn't fit. I said several times will her walker/wheelchair fit through. He assured us it would fit and even said half of 5 ft is 30 inches. He lied. So mom and I signed the contract.

Now mom stands pitifully by the door that turns out to be 21 inches wide and says I can't go out. It doesn't fit through,meaning her walker (i have on video) .

Salesmans boss says you dont' have anything to prove that saleman said this to you. His word against yours. You have no video, nothing in writing.

So now his boss says he'll do us a favor and give us a discount on a door that has bigger opening. HIs gonna give us options/pricing of french doors to fit current opening or a 6 ft slider that salesman insisted when selling us the sunroom that it wouldn't fit. Again moms 91. we signed the contract with the 5 ft slider because the salesman assured us walker/wheelchair would fit.

Do we have any legal standing?. He knew she was disabled (she has severe spinal stenosis) . All I talked about was mom. How she sometimes can't walk and needs wheelchair. He knew we needed her to be able to fit through from her bedroom to her sunroom with her walker/wheelchair occasionally when her severe spinal stenosis acts up. believe me all her walkers and wheelchair were sitting right with her each time salesman was there. We spoke over and over about her being able to do it herself . He even said there was something we could get to go over the threshold so she could roll her things over it. They are making her pay for the first door and now they want more money for a second door. They charged an enormous amount for the addition 43,000 and we can't afford another door. They also wouldn't give me an itemized list of the cost of each part. Like the door, the windows, I did ask about the electrical and he told me that was $2600. I won't know if the additional cost has a discount or not. Are we stuck because we signed the contract on the saleman lying to us? I have audio of the boss telling us we don't have any proof video or in writing of salesman lying. This is not right . She stands in her room and looks at the room and can't go out there without help. She wants to be independent as much as she can. THis is just not right. He knew she needed access . This whole addition was a stress from start to finish. I said I was gonna file a complaint the boss told me that they weren't gonna fix any of the problems unless i told him I wouldn't . I froze the balance of the funds due until this is finished to my satisfaction and the boss told me they finished per contract and I couldn't freeze the funds. I didn't have any other leverage. I don't know if they are taking all this time to give me the options/price for the 2nd door because he told me he wasn't doing anything unless they knew they'd get paid. I don't trust them to finish with the way he's talking at us. Anyway I need to know if I have any legal case. And do I need a lawyer ? I'm retired and have a mortgage so its gonna be hard if I have to pay a lawyer for this? I need to know if I should just go elsewhere for a new door. We don't want to pay Comfort WIndows and Doors any more money. Any help or advice would be appreciated.

Asked in NY May 18, 2022
Tag: 

# 2,563

My father has recently been diagnosed with Lewy Body Dementia, which has placed him in a very compromised situation. The eldest sibling has since taken full control of my father's care plan, while also instructing his home care agency, to never allow my sisters and me from getting any information from them, or to be given any information regarding my father's care, by his Home Attendants. She has instructed the Home Attendants to never phone my other sisters and me, for any reason, even if she is not reachable, including in the event of an emergency. My father has since, been admitted on four separate occasions, to the hospital emergency, where I, after being informed by the hospital, have been the one to attend to my father and bring him home. I have been most consistent in visiting my father 3-4 days per week, consistently, and have always been proactive in finding the best natural remedies for my father, and have found a Neurologist, who, I feel, would be better suited to care for my Dad as his mental faculties become more compromised. The eldest sibling, however, has utilized a POA from 2015, which she obtained without my father's full consent, as he is visually impaired and was not aware of what he was signing; a fact which he relayed to me in a phone conversation, which I made note of in October of that year and is consistent with the date of the POA, which I have, recently seen. My father granted me DPOA in 2017, when his eldest brother passed away and he wanted for me to act on his behalf, in Puerto Rico, where his brother left a house, which my father inherited, as his only living relative. I have never utilized the DPOA, as I was never financially able to travel to Puerto Rico or obtain a Lawyer, to settle my father's estate. I only currently have a copy of the DPOA and not the original.

What rights do my other sisters and I have in ensuring my father's well being, even while being kept in the dark about everything in reference to my father's care, by the eldest sibling, who was estranged from my father for over 20 years, until very recently, when my father's eldest brother passed away. She has put my father's bank account in her name -- an account which was put in Trust under one of my other sister's names.

My father's Home Care Agency has instructed the HHA's, not to discuss my father's care with my sisters and me and we have been disallowed from getting the contact information for his Social Worker, Nurse or Case Manager and have been prevented from knowing the dates and times for our Dad's medical appointments, even though we were previously always phoned with reminders in reference to planned doctor's appts.

My other sisters and I are very concerned for our Dad's well being and his financial stability, believing that our eldest sibling has secretly tapped into our deceased Uncle's assets. I was made aware that my father's deceased brother left sizeable bank accounts with his estate, which I was never able to assist my father in settling, due to the costs involved, as my father paid a Lawyer who, subsequently, disappeared, without completing the Declaration of Inheritance (a necessary process in Puerto Rico, to settle an estate).

What can I do now, to protect my father and my other sisters and me, as we navigate this very difficult situation. My father may have many years of life left but, I want to ensure that, whether he has years or months of life left, he live in peace and with a substantial quality of life.

Thank you.

Asked in NY May 18, 2022
Tag: 

# 2,565
Elder abuse and Check forgery. My mother is 94 and has reached the point where she can no longer take care of her financial affairs. 6 years ago my mother changed all her checking account to joint account with me so I can handle her finances if needed. My mother also sign the papers giving me Power of Attorney on her brokerage account, which also has an associated checking account. This past April my mother took a turn for the worst. She memory is shot and she can no longer make financial decisions, but she is very susceptible to manipulation and having people telling her to just sign this check. When I went through her legal papers I found a durable Power of Attorney that she had a lawyer draw up 17years ago giving me sole POA over her property and financial affairs. My sister and her son have stepped in and are now having mother sign checks which she has no recollection of even signing. I am 99.9% sure that my sister has even forged my mother's signature on checks because at least on one check the signer started to write what looks like my sister's name. My sister is making decisions and spending my mother's money when, as far as I can figure, she has no legal right to do. From all the legal papers I can see, it was and is my mother's wishes that I oversee her finances. One problem is that my sister makes no effort to make sound decisions when spending my mother's money. A month ago my sister and her son spent close to $6000 of my mother's money on plumbing repairs for a leak in the washer room. Last week they spent who knows how much on a new washer. The previous leak was coming from the washer and not the plumbing. My sister has hired a relative of one of her friends as a live in care worker. My sister has refused to provide me a copy of the employment contract, and I have seen close to ten checks made payable to this woman for her services. This last weekend when I visited my mother, my mother kept asking me who is paying this woman, but when I checked, all the checks have my mother's name on them. If my mother is physically signing the checks, my sister is having her sign checks she has no idea what she is signing. The Durable POA I found says I need two doctors to stated my mother is unable to handle her affairs. I have thought to take mom to two doctors to get this determination, but I have been told that doctors may not want to do that because of possible lawsuits. I need to take control of my mother's finances, so WHAT ARE MY OPTIONS? Do I confiscate all the checks since I am on all the accounts? I worry that my sister could simply take mother over to the bank and have her sign paperwork transferring all the account to her. Do I contact the legal authorities, such as SSA to investigate? Although I am pissed at my sister, taking legal action against her should probably be a last resort. My mother has never had a regular doctor, other than a dermatologist she sees annually. Can I just pick two random doctors who specialize in elderly care and will they do a competence evaluation? Since I am jointly on the checking accounts, and I am POA on the brokerage account where these checks are being written, what is my liability, since I know there is poor management of my mother's money occurring? Since I know they are having my mother sign checks she does not understand, since they are mis-managing my mother's accounts, since I am 99.9% sure at least some checks are forgeries, can the State authorities claim I am negligent for not stopping this? What do I do to stop this and protect my mother?
Asked in CA May 18, 2022
Tag: 

# 2,568
# 2,577

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