We got a notice of an investigation for financial exploitation, for years now we have been a joint income household we all put our money together and share, pay Bills, fast food, games, house hold items, anything anyone wants including my father, mother, or myself get anything that is asked for. Any extra money is put back for when someone needs something, all medical expenses are #1 priority along side with bills. My father (the one that this is all about) is on hospice and is incoherent. But my mother lives with me and my brother did live with us and this is how we have always handled income in the house. We found it fair and everyone agreed, this is how it's been done since I was a kid. So we are trying to find out how to go about the accusation and who to talk to so we can get this all worked out, because no one has done anything wrong.
Is your father on *home* hospice?
How do you all file your tax returns?
Where did the claim of financial exploitation originate? The bank? Someone else?
If this is how your family has handled your household since you were a kid, I very much doubt that you would be found guilty of financial exploitation. However, that does not mean that, if your father receives Medicaid, that changes to how money is managed won't be necessary. You may need to start putting certain shared expenses into the proper column to appease the bean counters.
Try talking to Senior legal services.
Because this involves your elderly parents, they may be able to help you at no charge.
It's worth a call!
Best wishes!
Are you concerned that, having moved out, your brother is thinking you should do the same and stop living off your parents; and that the investigation is the result? How old are you both?
What money do you contribute to the household income?
#1. An investigation is not a prosecution. If no one has done anything wrong, then that is what the investigation will find.
#2. Even if there is nothing to find, that does not mean it is wrong for APS (if it's APS who is conducting the investigation) to *ask.* A question is not an accusation. Presumably your father needs financial assistance to pay for his medical care. Naturally that leads to questions being asked about his income, his assets, and his spending. As your father can't answer these questions, who will be doing it for him?
If something was done wrong unintentionally then you ask for help doing it right.
When you have done nothing wrong it is okay for the authorities to look in and see what is what.
If you know that something is going to cause legal problems then you should get with legal aid or find a good attorney to help you navigate the system. Where I live, elder laws have very sharp teeth.
1. Who owns the house? Are the non-owners paying a higher amount, not just utilities and taxes? If no mortgage, the owners deserve to pay less.
2. Does your dad live with you, or is he in an institution.
3. If you dad is on Medicaid, he cannot make gifts or subsidize relatives, without jeopardizing the Medicaid payments. If he is not living in his house, those that are must pay rent.
4. Sharing is difficult in a Medicaid situation. I would not assume no one has done anything wrong. If he is on Medicaid, he will be limited as to what he can share.
Unfortunately, now you all have to get together and get an elder law attorney to find out what to do about answering this complaint. Take any hard and fast documentation that you may have. For instance, people in the household have had to file expenses. So take your taxes. And all go together to find out how to approach this.
This is one of the older fashioned ways to do things, and I think earlier in our Country's history this may not have been uncommon. Good luck. Get a lawyer now. It is well worth paying for an hour of time to find out what this is all about and how to proceed when you appear. Hope you'll update us.
My suggestion would be to get you own account. Writing a check each month for your portion of the bills. If Mom ever needs Medicaid, not easy if monies have been co-mingled.