Posted by 101livescan on 7/21/08 10:20pm
Msg #256217

Estate of Max Norman Elliott, deceased September 11, 2007

Last year my father passed away of fourth stage prostrate cancer. Somehow, a perfect legal stranger was able to get my father to sign a power of attorney to handle his financial and health care decisions. My brother and I are my dad's only legal heirs. If any notaries in Ocala, Florida were the notary for my father and contacted by his representative during the period August 5 through September 5, 2007 approximately, at the Marion Palms Medical Center in Ocala, will you kindly contact me, Cheryl Elliott at [e-mail address], or by telephone 805-929-1079. I have retained an attorney to recover the loss of cash and personal property, but would like to know if a notary in Ocala was actually contacted to perform the notarization of one or more power of attorneys for my father or if the power of attorney was forged. Many thanks.

Reply by Sylvia_FL on 7/21/08 10:30pm
Msg #256219

Cheryl
Can you get a copy of the POA and check the notary seal?

Reply by 101livescan on 7/21/08 10:40pm
Msg #256221

Re: Estate of Max Norman Elliott, deceased September 11, 200

I requested it, but the representative said she does not have to show it to me...I'm trying to go through the back door now, as the front door was slammed in my face, and I'm concerned the POA(s) may be destroyed. These people did not contact me that my father was so ill until August 23, my Dad was hospitalized on August 6, giving them plenty of time to maneuver and manipulate. My father died unexpectedly sooner than doctors had predicted, and my brother and I got the house since Dad had no will, but the perpetrators got all his cash and some antique dolls. I was on my way to CA to help Dad with his will as these were his wishes, when he succumbed to pneumonia and passed suddenly, five hours after he was placed in ICU. Any other ideas? I'm trying to reach hospital staff to see if his alternative health care directive was in place and who notarized that.

Reply by NCLisa on 7/21/08 11:13pm
Msg #256226

Re: Estate of Max Norman Elliott, deceased September 11, 200

Wouldn't the hospital or care facility have a copy in their files if it included medical decisions?

Reply by 101livescan on 7/21/08 11:22pm
Msg #256227

Re: Estate of Max Norman Elliott, deceased September 11, 200

I've been trying to track it down, doesn't appear to be on file. My dad and I were going to do his will together (usually when AHD is done) when suddenly he passed and I didn't get to Ocala before he passed.

Reply by Kevin/Ct on 7/22/08 6:30am
Msg #256237

Re: Estate of Max Norman Elliott, deceased September 11, 200

All is not lost if the POA was truly fradulent. The obvious plan should be to notify the law enforcement authities. If the fraudulent POA was used to withdraw funds from a bank, the bank is liable to the depositor or his estate. I have represented a number of clients who have had funds withdrawn from their accounts by perpetrators that have either forged endorsements or drafter's signatures or resorted to other means to wrongfully withdraw the funds. The bank usually asks the victim to complete an affidavit indicating the nature of the problem, investigates the problem, refunds the money to the victim and then pursues the perpetrator. If there was any bank fraud involved it may even bring the FBI into play. You indicate that your father died intestate. So you may have to set up an estate with the probate court, but I will leave that issue to your attorney to advise you.

A few years ago I represented a client whose accountant had filed a number of fraudlent tax returns with the IRS to generate tax refunds. The accountant had set up a joint bank account in both his and my client's name. He forged my client's signature to the signature card on the account, and my client never knew about the account. When the tax refunds came arrived in the name of my client they were sent directly to the accountant. He deposited them into the joint account. He then withdrew the funds under his own name. The bank did not question it because the funds were both deposited and withdrawn under then names on the account. The IRS got wind of it, and went after my client. When we were able to determine what had happened the matter was easily resoved. The bank refunded the money to my client, the funds were used to repay the IRS, and my client agreed to testify on behalf of the IRS at the perpetrator's trial. Both the criminal investigation division of the IRS and the Secret Service got involved in the case. The perpetrator accepted a plea bargain to avoid trial, but still was sentenced to a long stretch in prison.

Reply by WDMD on 7/22/08 6:49am
Msg #256238

Re: Estate of Max Norman Elliott, deceased September 11, 200

"The IRS got wind of it, and went after my client. When we were able to determine what had happened the matter was easily resoved. The bank refunded the money to my client, the funds were used to repay the IRS, and my client agreed to testify on behalf of the IRS at the perpetrator's trial. Both the criminal investigation division of the IRS and the Secret Service got involved in the case. The perpetrator accepted a plea bargain to avoid trial, but still was sentenced to a long stretch in prison."





I am going through this right now. My wife's ex-husbands new wife filed a fraudulent return in my wifes name. The exes new wife though never received the money, as at that point in time we had a balance due the IRS. The IRS just applied the fraudulent refund to our balance due. We just got the letter from IRS requesting that we pay back the money that was applied to our balance due. The principal part (about $1200) is legitimately owed by us as it had lowered our tax bill due for that year. But the IRS wants us to pay additional penalties and interest for the period of time from when the fraudulent return was filed until now.

That about doubles what was previously owed. I am now in the process of requesting the penalties and interest to be abated, as the original balance due would have been paid years ago had the woman not filed the bogus return.

She apparently filed several fraudulent returns as the IRS had over 30 cases involving her. She has pleaded guilty and gets sentenced in August.

Reply by Kevin/Ct on 7/22/08 7:55am
Msg #256249

Re: Estate of Max Norman Elliott, deceased September 11, 200

I can understand them wanting repayment of the principal, but I would think that since you are the victim of the fraud that the IRS would simply deduct the fraudulent funds to reistate the entire amount owed. Since you did not actually receive the funds, it seems to be merely an accounting function. I think that they should go after the perpetrator for the penalties and interest.

However, you did the right thing by attempting to straighten it out. If worse comes to worst...you can file a civil action against the perpetrator. She may not have much left in the way of assets to pay you after the IRS gets through with her though. You might want to see if you can qualify for restitution under a state or federal crime victim's recovery statute. You will probably need the help of an attorney in both cases.

Reply by 101livescan on 7/21/08 10:53pm
Msg #256224

Re: Estate of Max Norman Elliott, deceased September 11, 200

There are two facilities where dad may have had his POA's notarized at the request of Karen Fraley in his behalf.

Ocala Regional Medical Center, where he passed

and the Palm Gardens of Ocala, an assisted care facility.

Reply by Sylvia_FL on 7/22/08 8:28am
Msg #256253

Cheryl - see your PM

Sent you the list of documents recorded and there isn't a POA among them.

Reply by Linda_H/FL on 7/22/08 8:41am
Msg #256256

I'll toss my .02 FWIW

All medical faclities that I've dealt with here in FL all require me to produce (a) a copy of my Letter of Guardianship and (b) my mother's advance directive...they make a copy of them for their file. In the case of hospitals I have to produce these documents EVERY TIME she goes into the hospital...I take those with me as standard procedure now..when I leave I grab my keys, my wallet, my paperwork, my mother...

That medical center or, most definitely, the assisted living facility MUST have a copy of those on file...and unless they're part and parcel of the scam I don't see where they'd have a problem showing them to you...they don't destroy files that quick...in fact many are now paperless so they're all in the computer.

Good Luck to you, Cheryl!!

Reply by Kevin/Ct on 7/22/08 8:49am
Msg #256258

Re: I'll toss my .02 FWIW

The problem may be that the hospital may consider it privileged information. The privilege (Physician/Patient, Attorney/Client, Priest/Penitent) may preclude discovery of the document. The privilege in each case belongs to the patient/client/penitent, but in some states the privilege survives the death of the patient/client/penitent. That is why it is best to get the law enforce ment authorities involved in it. If there is a way around the privilege they will know how to approach it.

Reply by Linda_H/FL on 7/22/08 8:53am
Msg #256260

Since she's retained an attorney I think a letter from

him/her as attorney for next-of-kin will break down that barrier...especially down here...next-of-kin carries a lot of weight.

Reply by 101livescan on 7/22/08 2:16pm
Msg #256310

Re: I'll toss my .02 FWIW

Exactly what I'm encountering...all the HIPPA laws that have been enacted leave your hands tied!

Reply by Dennis D Broadbooks on 7/22/08 4:42am
Msg #256235

I'm Sorry to Hear of the Loss of Your Father...

...& subsequent troubles, Cheryl. Unfortunately I don't have any specific words of wisdom for you in this situation. It sounds like a lot of detective work, but I know you're up to the task. You're in my prayers.

Reply by 101livescan on 7/22/08 11:24am
Msg #256287

Re: I'm Sorry to Hear of the Loss of Your Father...

Thank you, Dennis, and one and all for your input. It's been an interesting last five years to say the least. I miss my Dad terribly, he always made me laugh. He was quite a dashing, handsome guy and loved to dance and socialize. He had a lot of women friends once he became a widower six years ago. He was a decorated war hero, and we loved him very much.

I want to thank all the contributors to this query. I'm thinking there is no power of attorney, the person just kind of stepped in, and if she filed dad's last year tax returns for a refund, she did so with no one's authorization. I'll keep you posted.

Reply by BrendaTx on 7/22/08 6:04am
Msg #256236

Re: Estate of Max Norman Elliott, deceased September 11, 200

**a perfect legal stranger was able to get my father to sign a power of attorney to handle his >>financial<< and health care decisions.**

If there were any transfers in real property it is likely that the POA is recorded along with the conveyance documents. Well...that's how it would be in Texas, anyhow. Or, it may be recorded in any event.

Since you have a lawyer, he/she should be able to compel the production of the POA from the institution who took control of his affairs.

If government aid was involved this is not an unusual situation, in my understanding, and doesn't usually mean that anything necessarily went awry.

Good luck. I know this process can be painful and difficult.

Reply by sue_pa on 7/22/08 7:24am
Msg #256242

Re: Estate of Max Norman Elliott, deceased September 11, 200

Cheryl, I'm sorry about you losing your dad.

In PA, and certainly it's different in every jurisdiction, you can go into court to require the agent provide an accounting of their principal's finances. Again, this is here, you could file your Petition and be in court within a week or so.