POA Abuse/Medicaid Recovery as cover

[SoCalPal]

My question relates to a POA and Trustee who has used these positions to transfer a property held in trust out of trust. Then the POA's husband had ownership transfered to him and then pocketed the proceeds of the sale of the property which has recently sold. In effect, the proceeds of the property are now within and under control of the Trustee and POA whose obligation it was to avoid conflicts of interest and "self dealing". I suspect that this individual will claim they were trying to avoid a Medicaid recovery of the property upon the death of the Trustor. However, the person this Trustee and POA has charge over has alzheimers and can't give consent for any transactions. I am just wondering where Medicaid asset protection ends and elder financial abuse begins? Assuming the Trustee and POA had no written authorization from the Trust document and the POA forms, is not this elder financial abuse? Also, doing these trasnactions with no prior authorization under the guise of avoiding a Medicaid Recovery is still financial abuse isn't it?

 

[wcomp]

Your description of what happened is very confusing. If assets were improperly removed from the trust, that could be grounds for removal of the trustee and would likely constitute a breach of fiduciary duty.

 

[lwpat]

POA's husband had ownership transfered to him and then pocketed the proceeds of the sale

That is fraud.