Can they prosecute if the pension of a father used by a family member?

[Humblegirl]

Jurisdiction

Texas

This is what happened, my husband took over his fathers bank account after his mom passed away last year. When his mom dies, his dad told him pay for the expenses and he would him back with his pension. So Hubby took loans and paid for the funeral cost and started paying it off every month. And at the same time, hubby continued to pay for the notes of a SUV, insurance, 3 storage in another state, and at the same time continued sending money to the youngest sister and her family, that his parents were doing before they moved in with us. Now, the state says, we mishandled my Dads money and we are supposed to explained where all the monies went to because the Nursing Home filed a complaint. They so called filed a complaint that we were not buying Dad some clothes. Every week, my husband visit his Dad and brings him food, almost every month he buys him new cellphone coz he always breaks them, and also clothes and other necessities. State says that they will investigate if they need to prosecute. And also the lady said it is to late for us to draw a power of attorney because Dad has dementia. Please let me know your input on this if we need to talk to a lawyer now or do still the Power of attorney. Thank you.

 

[army judge]

Your husband needs a lawyer to seek legal guardianship of his father.

A POA is useless.

Your husband might also end up being prosecuted for using the funds from a bank account to which he isn't a signatory on.

He'd be wise, as would you, to STOP discussing any of this with anyone but his lawyer.

A criminal defense lawyer can advise him if things have already gone too far, or if he has any valid defenses.

 

[zddoodah]

my husband took over his fathers bank account after his mom passed away last year. When his mom dies, his dad told him pay for the expenses and he would him back with his pension. So Hubby took loans and paid for the funeral cost and started paying it off every month. And at the same time, hubby continued to pay for the notes of a SUV, insurance, 3 storage in another state, and at the same time continued sending money to the youngest sister and her family, that his parents were doing before they moved in with us.

This is really confusing.

First, you wrote that, following his mother's death, your father "took over" his father's bank account. What exactly does that mean? Did your husband do this with his father's consent? If not, how did he accomplish that?

Second, are you saying that, following his father's death, your husband started paying a bunch of his mother's and/or father's debts? Why did he do that? Did anyone seek to probate his mother's estate? If so, who was appointed by the court as executor of the estate?

Third, for what purpose did your husband send money to his sister and her family?

Now, the state says, we mishandled my Dads money and we are supposed to explained where all the monies went to because the Nursing Home filed a complaint.

"The state" says this? The State of Texas has dozens, if not hundreds, of state agencies and (according to one online source) over 175,000 state employees. So who exactly is saying this (not a name but a title or agency)?

Also, up to this point in your post, you've referred to your husband's mother and father, but now you're referring to your father. Was that a typo? If not, what is the relationship between the situation involving your husband's parents and the allegations relating to your father?

Also, what does some nursing home have to do with anything? This is the first time you've mentioned a nursing home.

Please let me know your input on this if we need to talk to a lawyer now or do still the Power of attorney.

I have no idea what the last seven words of this sentence mean, but your post certainly indicates you would be well-advised to consult with an attorney about the situations you described.