Misuse of Power of Attorney

[Jaytech]

What is the name of your state? Calif
I went to prison for four years in 1996 and was writting my brother in that year. In 1997 I was asked by my mom to get a Power of Attorney for filling taxes. She didnt use the Power Of Attorney for filling taxes. She used it for something to do with my brothers death. She told me I wasnt going to get any money unless I gave her the Power of Attorney so she could send me my tax money.
Now she is saying there never was a Power of Attorney and I never recieved anything about my brothers death except lies about how he died.
I believe my brother either left a Life Insurance Policy or it had something to do with this case as sent to me from the Lawyer representing the case in Colorado.
Could this be misuse of Power of Attorney? Can anything be done and what?


This is the email I got from the lawyer.


In response to your query, the case of Barbara Harmon v. Teller County was filed in the 4th Judicial District (El Paso and Teller Counties) in 1997 and is case number 97 CV 073.
Victoria C. Swanson
Sears & Swanson P.C.
2 N. Cascade Ave., Suite 1250
Colorado Springs, Co. 80903
(719) 471-1984
(800) 994-1984
(719) 577-4356 (Fax)
victoria@searsandswanson.com
www.searsswanson.com

 

[Dandy Don]

Why was this attorney contacting you? You need to contact him and ask him to give you a brief summation of what the legal case he cited was all about and what the outcome was.

It is possible that your mother did abuse power of attorney and if that is true there are steps you can take to possibly recover any monies she got if she got them fraudulently, but as of right now you don't have enough information on what exactly happened.

DANDY DON IN OKLAHOMA (tiekh@yahoo.com)

 

[Jaytech]

No the attorney wasnt contacting me. I first asked because I was researching my brothers death. My mom wont tell me anything if i ask her, but I was previously told that he died of medical malpractice. The lawyer says he died in jail.
I contacted the state bar of Colorado to get the contact info of the lawyer. The lawyer first said its probley not your brother and its unapropriet to discuss the issue further.
I contacted the lawyer again with more info to show it was my brother and then I got the response posted.
Thanks for your reply.

 

[Dandy Don]

Are you saying that your mother never sent you the tax money or any other money?

I'm just speculating, but I would guess that your brother's death probably occurred while he was in jail and perhaps there was negligence on the part of the jail that caused his death and that is why she probably filed a lawsuit with Teller County and perhaps if you were eligible as an heir of your brother's to receive a part of the settlement that is why she got power of attorney to claim your money--maybe she claimed it because she might have known that as a criminal you may not have been allowed to claim it while you were still in jail. Hopefully she has set it aside for you.

Anyway, you need to look at these case documents for yourself or get an attorney in Colorado Springs to do it for you. The case file will tell you exactly what happened and if she received monies. If you want to order the documents yourself, you can contact:

EL PASO & TELLER COUNTIES COMBINED COURT
4TH JUDICIAL DISTRICT
P. O. BOX 2680
COLORADO SPRINGS, CO

Information Number: (719) 448-7700
Court Clerk's Number (Courthouse Records): (719) 448-7599

DANDY DON IN OKLAHOMA (tiekh@yahoo.com)

 

[Jaytech]

My mom has a guy that prepairs the taxes and also does Notory Public so I called him and he was reallly scared on the phone but stated nobody needed a Power of Attorney to file taxes and if I gave my mom a Power of Attorney, she could do what she wanted.
It doesnt make sence that my mom would say there was no Power of Attorney.
I'll contact that place and thanks for your help.

 

[Dandy Don]

She is obviously lying and doesn't want you to find out what happened.

Please mention the name of your brother and the city state he died in (and month and year of death) so I can do some checking to see if there are newspaper articles online that might have information helpful to you.

DANDY DON IN OKLAHOMA (tiekh@yahoo.com)

 

[Jaytech]

I dont have even his birthday. All I have is his C.D.C. (California Department of Corrections Number) J-64582. His name was David Harmon. I also think there was a Life Insurance policy at Washington Mutual. Dont ask me why.

I cant get any correct information from my familly but if you can help me I am very thankfull.

 

[Dandy Don]

You may also want to check on this situation with Washington Mutual in Seattle, WA, whose website is www.wamu.com.

DANDY DON IN OKLAHOMA (tiekh@yahoo.com)