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Top Hat

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this is just too much

SusanB-dil

OH dang! Hope you can undo the damage.

That didn't exactly happen to us, but MIL evil niece knew she wasn't as cognizant and took advantage of the situation 2 months before official diagnosis. It has been a few years, and we will still be digging out from the fallout for quite some time. Hope your situation goes better than ours...

Iris L.

How can someone create a death certificate? Doesn't it have to be certified by the County Registrar? Banks often want their own POA forms. What other documentation was forged? How could we avoid this in the future?

Iris

Iris L.

Yikes! The financial institution accepted an internet-downloaded death certificate? You definitely have a case, IMO. Was someone pushing him to do this? People come out of the woodwork to take advantage of a PWD. Iris

Quilting brings calm

I hope you have ‘frozen’ your credit through the big three credit bureau’s in case that will keep him(them) from doing it in the future. Does the attorney advise you to go for guardianship or to go the complete opposite and get a divorce? It sounds like you are at the beginning of a long nightmare with him (them) if you stay

SusanB-dil

Wow-dang!! I agree with Iris and QuiltingBC... Hopefully you can go after the financial institutes that accepted the fraudulent paperwork. They should definitely be held accountable. As QuiltingBC said, freezing your credit makes sense. Just a thought, because I'm certainly no attorney - Check with that attorney on a possible divorce - it might make sense and doesn't necessarily mean you would leave him, just protecting yourself and assets on paper. Unless you could get the POA's back?

Quilting brings calm

Dissolution of marriage to you isn’t going to void the fraud committed against the lenders. It might resolve the charges you could make if you let it. I’d pursue your case and make sure the court rules you not legally liable for the loans even in a divorce.

The fraud against the lenders is a different case regardless of whether you don’t press charges. The lenders can bring their own charges. The bank that had to give you a copy of the fake death certificate obviously now knows about the fraud even if the other two lenders don’t yet. Once you get a court ruling that you aren’t liable, they will want to pursue him and his family.

Run, don’t walk away from this. I don’t think you are going to be able to rescue him… and you aren’t going to be able to stay and care for him after a divorce because they will always be after your money. Plus, if this was a long standing plan, he had this in mind when he was in his right mind.

SusanB-dil

Top Hat - it sounds like you've got a handle on this. But also do make sure you are taking care of yourself. I know that finding out about all this stuff hurts. Make sure you have a support system for you.

Iris L.

I am still flabbergasted about the fake death certificate. Does he have medical knowledge? A death certificate has to be filled out a certain way. I was a physician and we had a specific class on how to properly fill out a death certificate. It has to be signed by an M.D. This sounds like a criminal case, impersonating a doctor and fraudulent documents, not just a civil case, but I am not a lawyer. I have never heard of such a case in my years on the boards.

And he was planning this for years? Does he have dementia or a psychiatric diagnosis? Or just plain criminal behavior? Can the family members who took advantage be prosecuted? This is truly a warning and wake-up call: get your finances in order ASAP! I am still in shock!

Iris

Iris L.

New members all the time complain that their PWDs cannot do things--cannot set the table, cannot change a light bulb, cannot follow a tv sitcom. Yet this man had the wherewithal to download a death certificate from the internet, fill it out and present to a bank and withdraw large sums of money! I am not doubting you, this just sounds suspicious. Someone else is involved, if he truly has dementia, or he doesn't have dementia but an antisocial personality disorder. But I am not diagnosing him, just stating my suspicion.

You have a lawyer on the case and you are alert to shenanigans. Do whatever you have to do to make things right. Thanks for the warnings. Too many members lose money needed for future care, although not this way.

Iris