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I have a friend who willing gave her daughter power of attorney two years ago. She noticed her daughter was moving large sums of money out of her accounts. When she confronted her about why, the daughter moved all her money including taking it from her purse and did a quick claim deed on her home. She then filed for guardianship. This all went down in less than 24 hours. She was required to have a evaluation, the doctor said she was of sound mind but may need help with her finances because the daughter told him to say it. The judge gave the daughter temporary guardianship(2months) so and official evaluation can be made. She has tried hiring an lawyer who wants a reserve of $3000 in advance, but she doesn't even have money for food.Other lawyers in the area want 1/3rd of the funds recovered. The one lawyer, who wants the retainer, told her he would have no trouble getting the guardianship lifted but felt the judge will want someone to manage the money for a time to be safe. She can't find anyone to do it. Who would do this and how does one find someone? This again depends on her finding the money for someone to help her. Adult protective services said they would help until the daughter got guardianship then they stopped saying it was the daughter's money now. She is of sound mind and feels the daughter is stealing the money. The daughter isn't working and recently divorced and didn't get the money she wanted.

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I thought you were asking for your friend's situation. If it's not and it's for you and no Guardianship has been filed, then, I would see if there is any trusted family friend who could serve as you Durable Power of Attorney. They may only need to start serving as your POA when you are no longer able to handle your own affairs.

In NC, a POA is required to file the document with the Register of Deeds of the county where you reside at the time they start to act on your behalf. Until then it should be kept in a safe place in your home. They are also required to file Accoutings. (You can waive this requirement by inserting it in the Durable POA, but it may be a good idea to leave it in there, as it holds the person more accountable as to how they handle your money.

If you have no family who is able, then you might talk to an attorney to see if they would do it. They may take a fee though. I would discuss this with an attorney in your area.
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Either way this goes, the daughter will have to show on paper what she did with the funds and why. If it was improper, she may be in trouble. Whoever is appointed, will have to file Accountings with the court, that shows where every penny went.

Also, in NC, if a petition is filed for Guardianship, the court appoints an Attorney to represent the alleged Incompetent person for free. They meet with the alleged incompetent person and tries to help them win. They are normally from a court appointed list.

It depends on the state, but in NC, there are certain Attorneys who are on a list with the Clerk of Court, so that if a person needs a Guardian and no family member is suitable, they appoint that Attorney. They are trained to do this. I would check with your

I would check with your court and see if they have something similar.
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