How much money does she get to handle? You may also sue someone who writes you a bad check without having a valid reason for doing so. That has to be your choice, and whatever you choose, it is OK. JUST make sure you are very clearly keeping records of your hours spent doing her care.
File in small claims court. Writing a bad check is a crime if the check writer knew that there were insufficient funds to cover the check and intended to defraud you. It is also a crime to forge a check or write a fake check.
But it does not necessarily mean you earn the same as a Nursing Home [their overhead is higher than you sustaining your Elder at your home].
What to show the judge at your court hearing: You stated she is demented. A person providing care, shelter, food, etc. That means she depends on others for care, and one of those is you!
That means she is no longer capable of thinking logically enough to how to write a check to an attorney nor be responsible or accountable. Any documents related to your case, like a copy of the bad check, bank statements, receipts, letters or emails to or from the check writer, and notes of any conversations you had with the check writer.
ARE you feeling guilty enough that you allow your Mom to handle money? IF she has progressed to teh point that giving her money ends up with her "burying it in the back 40", there is no rational logic to let her use any amount of money to her any longer, since it could be seen as potentially losing it or spending it in ways that prevent her paying for needed care.
By having a POA for her financial affairs, that is supposed to allow you to do all her financial things, including paying for her care, whether it is provided by others, or yourself. In that case, as long as she has paid her bills first [including paying you for what you provide], THEN she could have an allowance to shop with.
It sounds like you have been doing a good job; the question is, whether you can afford to keep doing it [financially OR emotionally]. You do not have to prove that the check writer intended to defraud you or wrote the bad check on purpose. Not one single drop of guilt, got it? Protecting Consumers Bad Checks A bad check is a check that you cannot cash because the person who wrote the check: Where to file your lawsuit: Probably on their State taxes, if your State has those, too.
OR, move her into a long-term care facility. You are doing good work! However, if the check writer told the bank to stop payment on the check to resolve a good faith dispute, you may not be able to recover damages or other costs. A copy of your demand letter and the signed certified mail receipt that proves you mailed the letter.
If the check writer does not pay you within 30 days, you may file a lawsuit. Send the letter by certified mail with a return receipt, and keep a copy of the letter and receipt. File in the civil division of the superior court. Note that you cannot have a lawyer in small claims court because that court is meant to resolve disputes quickly and inexpensively.
Note that different rules apply in superior court and in small claims court. By "reasonably" that usually means that if anyone else were providing same, the pay rate for them, nor for you to do same, is similar. That is a condition diagnosed by a Doctor, and recognized by courts.
List hours spent on your calendar, and in the checkbook, or online banking--some online banking allows labeling debits--do that. You must send a demand letter to the person who wrote the check.See an example of how to write a check, including an explanation of each step.
After you write the check, keep a record of the payment. Do I write a certified cheque in trust to my lawyer or my builder's lawyer? Update Cancel.
Practicing attorney in Illinois focusing on workers compensation and related areas including tort defense If your lawyer told you to write the check out to him, then write the check out to him. How to Endorse Checks Payable to Multiple People. Menu Search Go. Go. Investing.
Basics If a check is especially large, or it's part of an insurance or legal settlement, talk with your bank and ask an attorney in your state how to proceed. write the check using “or,” or ask how they prefer to receive gifts.
Continue Reading + There. The Executor can use the bank account to write checks for bills, and every penny has to be accounted for thus every bill and copy of the check to be available when the.
Step. Check the Power of Attorney agreement to ensure you have the right to write checks and process financial transactions as part of the agreement. After your name, you can write in the words “agent,” “attorney in fact,” “power of attorney” or simply, “POA.” Your final signature should read similar to "Sally Smith, by Samuel Smith, power of attorney.".Download