Should I have conferred with an attorney before designating a Power of Attorney?

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I was against being sent to a nursing home after leaving the hospital, and I was told I was only coming here for physical rehabilitation of a few weeks. It has now been 10 months, my money was all "spent" down (my life savings and assets) by my POA, and now I am "stuck" here. Do I have any legal recourse for the decisions my POA made on my behalf (most of them without my consent or knowledge). I should have been consulted with BEFORE any of these decisions were made, but I was NOT consulted and have full faculties. I am at my wits end trying to go back to work, but among the deterrants, my expensive car was sold, my apartment was reliquished, my alimoney and 401K savings and personal savings and checking accounts were depleted. I was denied the right to help in the decision making. Do I have any legal recourse? This is a difficult question as my POA(s) are family members. If I have legal recourse, can you help to recommend someone who can take this case without the fee (unless I win)? I have tried legal services (free service) and I am told I would lose the case.

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This is a horrible family matter - I feel awful for you.You could try the National Academy of Elder Law Attorneys (at http://www.naela.org/) and see if you find one who will take your case. It does sound like legal action is the only way to go.
Good luck,
Carol
Eileen: This is a situation that requires a complete analysis. How old are you, Eileen? Hopefully not 60. There are two sides to every story, that's why we have courts. You need legal representation now. I find it difficult to believe that you were not aware of the situation in which you are now " stuck". At the same time, you are seeking employment??? Something's wrong in Denmark.
Yes, to the above question -- I just turned 60 and was sent to this nursing home / physical rehab center. I have legal representation through legal services. They are aware of the entire situation and have told me I do not have a case. Wrong lawyer? No, I was not aware of the whole situation at the time. I was very confused as I had not been told WHAT was wrong with me. I later found out that I had damage done to my back, liver, was dehydrated and had some blood issues. All is clear now and my family simply said, "we didn't know where else to send you or what to do". Not much thought went into the bad decision made on my behalf. I requested to leave this dump MANY times and was told I would not be released until I had a place to go. I DID HAVE A PLACE TO GO. HOME! Instead, my apartment was given away, my car was sold, my 401K was dissolved, my bank account depleted, my alimoney dissolved... And you don't think I'm angry? The response was "well, you'll just have to start all over". Huh! And to boot, the family who placed me here won't budge to help me get out I am in a Catch 22 situation and would welcome other responses. The doctor and nurse here KNOW I don't belong here, that I am well within my faculties to get out and go back to work. I welcome all responses. Don't forget, as hard as it has been on me mentally, emotionally and physically, if I pursue legal action, I will also lose my family. Much to think about, don't you think?

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