Chapter 12 - Elaine’s civil accounting
Elaine did not need a guardianship proceeding.
She was competent.
She revoked Veronica’s POA.
She appointed Grace as limited agent for medical coordination and hired a professional bill-pay service for finances.
Could Grace now control everything?
No.
Elaine remained principal.
Her money.
Her decisions.
Then civil petition.
Elaine sought:
Formal accounting from Veronica as former agent.
Return of unauthorized expenditures.
Attorney fees where allowed.
No punitive destruction.
Veronica answered:
Many payments were authorized.
Some were gifts.
Elaine benefited from her labor.
She requested compensation for unpaid caregiving.
Interesting.
Could an agent retroactively claim wages?
Only if agreement or equitable basis.
No formal caregiver contract.
But Veronica had provided substantial services.
She argued quantum meruit/unjust enrichment.
Civil court would weigh.
Elaine’s attorney said:
“You do not get to secretly pay yourself by using someone’s debit card.”
Exactly.
But caregiving value might still matter in settlement.
Then bank.
Internal review found:
Transactions were technically authenticated under valid POA/debit access.
No evidence bank employee collusion.
One unusual-cash alert had been generated but resolved after Veronica confirmed she was agent.
Should bank have called Elaine directly?
Policy question.
Bank offered:
Enhanced reimbursement review for the $600 wallet cash? That wasn't bank. For disputed card transactions maybe not.
No instant full reimbursement.
Then Grace wanted to sue bank.
Elaine said:
“No.”
She wanted fight focused on Veronica.
That was her choice.
Then Veronica’s home equity?
Could Elaine place lien immediately?
No.
She had no judgment.
No automatic freezing.
Her civil lawyer filed request for temporary preservation of certain assets only after evidence Veronica moved $30,000 between brokerage accounts.
Veronica explained:
Normal rebalancing.
Court found no sufficient evidence of dissipation to freeze everything.
Instead ordered:
Preserve records.
No transfer over $25,000 outside ordinary living/investment without notice while accounting case pending.
Narrow.
Good.
Then Daniel said:
“Mom will think everyone is stealing her freedom.”
I asked:
“Do you care?”
“Yes.”
That surprised me.
“She’s still my mother.”
May you like
Of course.
Boundaries are not the absence of grief.
