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You are legally able to obtain the records required to help him as his daughter/son.
I would write up the events that pertain to her giving you the paperwork and then forget about it. When you go to court you can submit your written statement.
You are his legal next of kin if he is not currently married or they are legally separated. So you have loads of authority in this situation as his legal next of kin. (I know, I just dealt with an ex that thought she could bulldoze me and get all my dads things. She isn't happy about the outcome and finding out that I have all the power as his biological daughter.)
It's already been asked on this thread if the "ex" is a girlfriend or a spouse. If they're legally married that makes all the difference. Do you have your father's POA? If you do then you have every right to go through his things and take what he needs. If the "ex" gave you financial documents for court, then she does not have his legal authority to make decisions for him. I had a similar situation to yours with my father. He bought a place and moved his girlfriend (30 years younger than him) in. Then he had a stroke and went from completely independent to totally invalid in one day. The 'girlfriend' was an indigent, alcoholic scammer who without my father would have been in the street which is exactly where I left her. The second my father became incapacitated, the POA went into effect. There was no chance of him recovering enough to live outside of a care facility. So with that POA document, I cancelled his credit cards that she was running up, switched his bank accounts, removed his car, got hers repossessed because it was also in his name and I would not make the payments on it, and had the utilities in the home that were in his name (which were all of them because she had no credit) turned off. His income and assets had to go towards his care bill in the facility. That meant her freeloading and scamming ended the very day that POA went into effect. I went into the house any time I wanted but always brought a police officer with me just so I'd be covered because she had a long documented history of making false claims to the police. If you have your father's legal POA then for all intents and legal purposes you become your father. Make sure you have this. If you don't then go down to the probate court and petition for POA and conservatorship over him. If you don't then his "ex" will make trouble for you. She may now be only telling people you came in and cleaned the place out. It won't stop there though. Next she'll be telling the police you did. Without the legal paperwork it will be trouble for you.
Since she is his Ex she should have given them to him or you a long time ago. Why would she need them? I know of no law that says you cannot have that information. If she wasn't around, you would have to hunt around for them anyway. I doubt if you can do anything without them
The problem would be if there is anything jointly owned. She is entitled to her share. Is she saying you are cleaning her out?
"cleaned my fathers drawers" is she saying you came into her home and cleaned out where you Dad kept his paperwork? I see no problem with this. Are they divorced? Did you have a key to enter the home? Is the home still in Dads name?
I think you need to provide more information on the court issue. Are you applying for guardianship? If not (and I don't intend to be personal, but...) could you provide at least a general nature of the court situation? Are you filing for bankruptcy, suing someone, etc., or is this a criminal issue?
Why are there court proceedings in Ohio when you live in Illinois?
I don't think anyone can really give you information on what could get you "in trouble with the court" w/o more specific information on WHY you could or would get in trouble.
The girl is saying I took all my dads stuff I asked her for my fathers titles and bank information the girl had everything on the kitchen table. Can I get in trouble for having them I have a court date in June I live in Chicago but I need to go to Cincinnati for court. Can I get in trouble for having them.
Are they joint accounts with the girlfriend's name on them along with your father's? If the bank accounts are only in your father's name and he is incapacitated, even if you don't yet have the court's authority you are legally his next of kin. You will not get in trouble for having these things, just don't spend a cent of his money until you go to court in Cincinnati. 'Shacking up' with a girlfriend is not legally the same thing as being married. If your father is married then you would have no right to take or do anything. You say the girlfriend willingly gave over all the bank information and titles to you. I'm pretty sure she didn't. There's credit cards or ATM cards somewhere that she didn't put on the kitchen table for you. You'll find out soon enough after you have the legal paperwork and change your father's mailing address. The bills and bank statements will start showing up. If there are any charges or bank withdraws that are dated after your father was in the hospital or care facility, you go straight to the cops. You will also be able to contest fraudulent credit card charges that the girlfriend will no doubt be making. The credit card company will not hold your father responsible for them. Insist that the bank send you copies of every cancelled check from your father's account for the last couple of years. If there are any checked made out to her that have forged signatures, you can get her arrested for that. Even if they were together at the time. I did this.
im asking if I would get in trouble for asking my fathers ex for financial stuff for court or talk to a lawyer. I’m trying to become his payee. My dad has dementia and I have filled paperwork. Could I get in trouble for having my dads documents.
My Father ex girlfriend is saying I just came into my father’s trailer and took his stuff. I asked for bank information and titles to his cars. I also asked for rings she trying to give my son . She also gave some stuff to my son. This is the reason my father will not be released, my dad wants her out of his trailer. She told my dad that I went into his house and took his stuff. I asked permission I just didn’t walk in . I still have the papers for court. This person just wants my dads trailer. My dad has no will. I live in Chicago my dad’s is in Cincinnati.
By proceeding, I agree that I understand the following disclosures:
I. How We Work in Washington.
Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services.
APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
II. How We Are Paid.
We do not charge you any fee – we are paid by the Participating Communities. Some Participating Communities pay us a percentage of the first month's standard rate for the rent and care services you select. We invoice these fees after the senior moves in.
III. When We Tour.
APFM tours certain Participating Communities in Washington (typically more in metropolitan areas than in rural areas.) During the 12 month period prior to December 31, 2017, we toured 86.2% of Participating Communities with capacity for 20 or more residents.
IV. No Obligation or Commitment.
You have no obligation to use or to continue to use our services. Because you pay no fee to us, you will never need to ask for a refund.
V. Complaints.
Please contact our Family Feedback Line at (866) 584-7340 or ConsumerFeedback@aplaceformom.com to report any complaint. Consumers have many avenues to address a dispute with any referral service company, including the right to file a complaint with the Attorney General's office at: Consumer Protection Division, 800 5th Avenue, Ste. 2000, Seattle, 98104 or 800-551-4636.
VI. No Waiver of Your Rights.
APFM does not (and may not) require or even ask consumers seeking senior housing or care services in Washington State to sign waivers of liability for losses of personal property or injury or to sign waivers of any rights established under law.
I agree that:
A.
I authorize A Place For Mom ("APFM") to collect certain personal and contact detail information, as well as relevant health care information about me or from me about the senior family member or relative I am assisting ("Senior Living Care Information").
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APFM may provide information to me electronically. My electronic signature on agreements and documents has the same effect as if I signed them in ink.
C.
APFM may send all communications to me electronically via e-mail or by access to an APFM web site.
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If I want a paper copy, I can print a copy of the Disclosures or download the Disclosures for my records.
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This E-Sign Acknowledgement and Authorization applies to these Disclosures and all future Disclosures related to APFM's services, unless I revoke my authorization. You may revoke this authorization in writing at any time (except where we have already disclosed information before receiving your revocation.) This authorization will expire after one year.
F.
You consent to APFM's reaching out to you using a phone system than can auto-dial numbers (we miss rotary phones, too!), but this consent is not required to use our service.
I would write up the events that pertain to her giving you the paperwork and then forget about it. When you go to court you can submit your written statement.
You are his legal next of kin if he is not currently married or they are legally separated. So you have loads of authority in this situation as his legal next of kin. (I know, I just dealt with an ex that thought she could bulldoze me and get all my dads things. She isn't happy about the outcome and finding out that I have all the power as his biological daughter.)
Do you have your father's POA? If you do then you have every right to go through his things and take what he needs.
If the "ex" gave you financial documents for court, then she does not have his legal authority to make decisions for him.
I had a similar situation to yours with my father. He bought a place and moved his girlfriend (30 years younger than him) in. Then he had a stroke and went from completely independent to totally invalid in one day. The 'girlfriend' was an indigent, alcoholic scammer who without my father would have been in the street which is exactly where I left her. The second my father became incapacitated, the POA went into effect. There was no chance of him recovering enough to live outside of a care facility.
So with that POA document, I cancelled his credit cards that she was running up, switched his bank accounts, removed his car, got hers repossessed because it was also in his name and I would not make the payments on it, and had the utilities in the home that were in his name (which were all of them because she had no credit) turned off. His income and assets had to go towards his care bill in the facility. That meant her freeloading and scamming ended the very day that POA went into effect. I went into the house any time I wanted but always brought a police officer with me just so I'd be covered because she had a long documented history of making false claims to the police.
If you have your father's legal POA then for all intents and legal purposes you become your father.
Make sure you have this. If you don't then go down to the probate court and petition for POA and conservatorship over him.
If you don't then his "ex" will make trouble for you. She may now be only telling people you came in and cleaned the place out. It won't stop there though. Next she'll be telling the police you did. Without the legal paperwork it will be trouble for you.
The problem would be if there is anything jointly owned. She is entitled to her share. Is she saying you are cleaning her out?
"cleaned my fathers drawers" is she saying you came into her home and cleaned out where you Dad kept his paperwork? I see no problem with this. Are they divorced? Did you have a key to enter the home? Is the home still in Dads name?
Why are there court proceedings in Ohio when you live in Illinois?
I don't think anyone can really give you information on what could get you "in trouble with the court" w/o more specific information on WHY you could or would get in trouble.
If the bank accounts are only in your father's name and he is incapacitated, even if you don't yet have the court's authority you are legally his next of kin. You will not get in trouble for having these things, just don't spend a cent of his money until you go to court in Cincinnati.
'Shacking up' with a girlfriend is not legally the same thing as being married. If your father is married then you would have no right to take or do anything.
You say the girlfriend willingly gave over all the bank information and titles to you. I'm pretty sure she didn't. There's credit cards or ATM cards somewhere that she didn't put on the kitchen table for you.
You'll find out soon enough after you have the legal paperwork and change your father's mailing address. The bills and bank statements will start showing up.
If there are any charges or bank withdraws that are dated after your father was in the hospital or care facility, you go straight to the cops. You will also be able to contest fraudulent credit card charges that the girlfriend will no doubt be making. The credit card company will not hold your father responsible for them.
Insist that the bank send you copies of every cancelled check from your father's account for the last couple of years. If there are any checked made out to her that have forged signatures, you can get her arrested for that. Even if they were together at the time. I did this.
No worries...trust me it will be ok..!!!
I be thinking of you
If you could give us more info it would help.