Portland, OR asked in Elder Law for Oregon

Q: Is it legal for heirs to put pressure on paid caregivers to not spend much money to increase their inheritance? Thx!

Mom goes to hospital, and it's discovered in rehab that she now has permanent dementia. She moves home and has live in caregivers 24/7. Meanwhile, kids are looking for a permanent place to put mom. Soon after, mom's attorney says they can't do that, it was set up that she stay in her home. There is a court appointed conservator involved soon after. The kids make frequent trips and and comments to caregivers about spending money. Son is livid because he wants his mom in a home and her home sold so he can have the money. It's very uncomfortable being here and having this pressure put on us. Even though conversation pays us, it feels like the daughter is the boss. She is the medical POA. Is it considered abuse when her kids are putting pressure on us not to spend her money so they can get a bigger inheritance? Technically, who is our employer? We get paid wages and a w-2, so we are employees. I want to call the attorney, but am scared of retaliation. Have any advice on this?

Related Topics:
1 Lawyer Answer
Joanne Reisman
Joanne Reisman
  • Elder Law Lawyer
  • Portland, OR
  • Licensed in Oregon

A: If mom's house is sold the money won't got to anyone and instead will go to pay for her care in a nursing home. Whether there will be any money left over for an inheritance is unknown. If there is a conservatorship set up by the court, then the Attorney who set up the conservatorship usually represents the conservator. There might be another Attorney that represents the protected person.

It might have been the mother's wish to stay in her home as long as possible. But it costs money to do that so whatever decision they make, mother's assets are being used for her care.

I think you do need to figure out who you work for. Maybe just do a simple letter that isn't accusatory to all the people you know are involved and just say that you want clarification as to who you work for and who should be giving you instructions related to your job. Say that you are getting too many instructions from too many different people and you would appreciate some clarification so that you have only one "boss" to answer to and everyone else can direct their questions to the one person in charge. That would be reasonable.

Avoid speculating as to peoples financial motives. That shouldn't be your issue to deal with. Just get clarification as to who you work for and ask that there be some rules as to who can give you directions so it is limited to your boss only.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.