Power of Attorney raises debate

An elderly Sandusky man is fighting to regain control of his money after a court granted his nephew power over his finances.
Jessica Cuffman
Dec 11, 2011

An elderly Sandusky man is fighting to regain control of his money after a court granted his nephew power over his finances.

Advocates for the elderly, meanwhile, say such struggles are common.

Financial independence is key for senior citizens aiming to preserve some form of an independent lifestyle, but they often end up battling courts -- or family -- to get control of their money.

Case in point: Rudy Baker, 73, who became a ward of the state in 2007 after he suffered a stroke and could no longer take care of himself.

He was later diagnosed with dementia and placed under his daughter's guardianship in Franklin County. When his daughter didn't want the responsibility anymore, an attorney took her place.

His nephew took guardianship and moved Baker back to Sandusky in 2009.

Baker wants to take care of himself. He has recovered significantly since the stroke, but recent medical evaluations show he still suffers from dementia, according to court documents.

His General Motors retirement pension and Social Security take care of his living expenses. He lives in a modest apartment in an assisted living home, where meals are prepared for him each day.

Still, he doesn't have control of his money. Instead, his nephew, Daryl Murphy, controls his finances.

Despite a court order, Murphy won't give him an allowance, Baker said.

The problem got worse when Baker married a Lorain woman in June.

 

Find out more of Baker's woes in Sunday's Register.

Comments

007

I can understand why Mr. Baker wouldn't want his nephew POA.

 

1 Concerning: Murphy, Daryl E
D.B.A./A.K.A.:
Filed: 11/26/2001
Arr. Agency: SSPD Case #: CRB0104871
Docket Entry: Click
Charge: DISORDERLY COND
Case Type: Criminal 2 Concerning: Murphy, Daryl E
D.B.A./A.K.A.:
Filed: 11/26/2001
Arr. Agency: SSPD Case #: CRA0104872
Docket Entry: Click
Charge: BURGLARY
Case Type: Criminal 3 Concerning: Murphy, Daryl E
D.B.A./A.K.A.:
Filed: 08/17/2007
Arr. Agency: SPD Case #: TRD0703876
Docket Entry: Click
Charge: SEAT BELT/DRIVE
Case Type: Traffic 4 Concerning: Murphy, Daryl E
D.B.A./A.K.A.:
Filed: 12/04/2008
Arr. Agency: SPD Case #: TRD0806906
Docket Entry: Click
Charge: UNSAFE VEH
Case Type: Traffic 5 Concerning: Murphy, Daryl E
D.B.A./A.K.A.:
Filed: 03/03/2010
Arr. Agency: SPD Case #: TRD1000966
Docket Entry: Click
Charge: UNSAFE VEH
Case Type: Traffic 6 Concerning: Murphy, Daryl E
D.B.A./A.K.A.:
Filed: 08/12/2010
Arr. Agency: SPD Case #: TRD1003707
Docket Entry: Click
Charge: F T Y R O W
Case Type: Traffic 7 Concerning: Murphy, Daryl E
D.B.A./A.K.A.:
Filed: 09/23/1991
Arr. Agency: SSPD Case #: TRC9106279A
Docket Entry: Click
Charge: O M V I
Case Type: Traffic 8 Concerning: Murphy, Daryl E
D.B.A./A.K.A.:
Filed: 09/23/1991
Arr. Agency: SPD Case #: TRC9106279B
Docket Entry: Click
Charge: AVOID SIGNALS
Case Type: Traffic 9 Concerning: Murphy, Daryl E
D.B.A./A.K.A.:
Filed: 02/25/1993
Arr. Agency: SPD Case #: TRD9301153
Docket Entry: Click
Charge: CROSS YELL/LINE
Case Type: Traffic 10 Concerning: Murphy, Daryl E
D.B.A./A.K.A.:
Filed: 02/02/1995
Arr. Agency: OSP Case #: TRD9500593
Docket Entry: Click
Charge: 62-40 SPEED
Case Type: Traffic 11 Concerning: Murphy, Daryl E
D.B.A./A.K.A.:
Filed: 02/01/1999
Arr. Agency: OSP Case #: TRC9900567A
Docket Entry: Click
Charge: O M V I
Case Type: Traffic 12 Concerning: Murphy, Daryl E
D.B.A./A.K.A.:
Filed: 02/01/1999
Arr. Agency: OSP Case #: TRC9900567B
Docket Entry: Click
Charge: R W PRIV DRIVE
Case Type: Traffic
annointedsong

Would you post Rudy Bakers wifes background record as well?? Im sure that would tell the whole story.

Mime Bloggling's picture
Mime Bloggling

"Despite a court order, Murphy won't give him an allowance, Baker said."

Then clearly the COURT is NOT doing their job. Mr. Murphy is in contempt and should have is arse hauled in front of the judge who issued the order.

If the court gave Mr. Murphy POWER over Mr. Baker finances with a guardianship then it's the COURT'S responsibility to see how Mr. Murphy is SPENDING Mr. Baker's money.

I would be curious to know which Erie County Judge is over-seeing this guardianship. Does anyone know?

Kimo

 

Not a good idea to jump to conclusions.

The E paper has more, but still not a complete picture.

In the county I live in, if you are a guardian and want to give the ward "spending money" you write a check to yourself, cash it to get cash and then pass the cash to the ward, All checks have to be accounted for (pictures of canceled checks).

I have no idea how well Murphy is doing the job and at this point it serves no purpose to speculate.

 

Kelly

Wait for it...

annointedsong

The Sandusky Register has truely hit a new low with this story!

Rudolph Baker is a resident at an assisted living facility in Sandusky. He had a severe stroke over 3 years ago and is left with dementia and sezures as a result. He has been ordered to be under guardianship die due his mental capacity. Previous to being under guardianship of his nephew, he was under a lawyer who was charging his guardianship fees in excess of $1,200 per month. Daryl was the only relative that was willing to step up to the plate for his uncle since Rudy had pushed his kids away.

Rudy met his "wife" through people he knew that had a history of drugs. He knew his wife for less than one month before marrying her. He used to get a weekly allowance which was NOT advised by the court due to his mental issues. He would get is allowance on fridays and it would be gone on saturdays after his "wife" left. Her home was in forclosure and she had a previous man that she took advantage of that died. Rudy is on medication for his strokes, seizures and diabetes. When his wife would take him out of the facility for days at a time, she wouldnt bring his meds and told him he didnt need them. Anyone who has any sense knows that a person is not assigned a guardian without a firm reason. A guardian is responsible for a persons well being and by allowing Rudy to be taken advatage of by a con artist woman who has no concern for his well being would not be doing that. A guardian has to keep accurate financial records which Daryl has done also.

During a recent geriatric and psychological assessment done at the Cleveland Clinic, it was deturmined that Rudy was not compitent to be his own guardian. He has severe impairment in numerous areas and is ordered under the court system to remain under guardianship. Any person who has a conversation with Rudy can tell he has some issues and the Register should be ashamed to do a story like this. I hope this story opens the eyes of other people who have elderly loved ones so that they do what is necessary to keep them from being exploited by this paper.

I am wondering where the background check is on Renevia? I see that Daryls offences have been posted but Im wondering why the wifes arent?

Kimo

 

Re:hit a new low with this story

I was trying to make that point without getting deleted as a "personal attack".

 

 

annointedsong

Seems like they have done a "personal attack" on Daryl Murphy. If they can dish it out, they should be able to take it in!

 

Julie R.

Why would the Probate Court Judge Beverly McGookey appoint a guardian for this man, anyway? That sure isn't how they usually do it. Why doesn't the man's attorneys just prepare new fraud Power of Attorneys and new fraud Wills like they do for elderly people that are in the end stages of Alzheimers?

Kelly

And there it is

007

So what's his wifes maiden name?

 

annointedsong

If the sandusky register did a better job at gathering info they'd have the wifes maiden name. Im not doing their work for them. The reason she didnt volunteer her name is because she didnt want to have her record out there. They only got a third of the story and the third they got was wrong because it was from a man with dementia.

007 if your so much of a 007...why dont you have the maiden name already?? Doesnt make you a very good reporter does it? Just a low life despirate for a story!

Kelly

 

Marriage Applications - morningjournal.com

 

Sep 4, 2011 ... BAKER-PAYNE: Rudolph Baker, 72, Sandusky, retired and Renevia Payne, 58, Lorain

KLS73

If you search her name at the Morning Journal website you will find an obit that she is listed in. Sounds like she was this man's companion for 26 years...and he passed away in 2004. Perhaps not the same person? Just thought I would throw it out there. Maybe Payne is her maiden name?

margaritaville88

It appears that she has this house with a 33yr old !!

 

 

 

margaritaville88

PAYNE RENEVIA & ROSS ALNEISHA S
1422 W 21ST ST LORAIN, OH 44052
 

Julie R.

Hey Kelly, I always use to say that I would never wish Alzheimers unto my worst enemy --- but I sure do now!  In addition, I wish it upon those CORRUPT jokes on the 2nd floor of the Erie County courthouse, too.

candleburner

Julie - get a life!!!!!  First of all to wish Alzheimer's on anyone is ridiculouss even in jest! You've obviously never had to deal with anyone with that disease or you'd never even joke about it.  You haven't a clue how Probate Court works obviously!   Having to deal with both parents with Alzheimers and dementia and probate court (in both my past profession and now my parents) I can assure you that this is how it works.  When a person petitions for POA there's a whole process that has to be gone thru first before you even see the judge.  Plus there's a doctor's recomendation.  When there is a case of no family member - as apparently there was with this guy at first - they go with the person's family attorney or they will appoint one based on recomendations (and here's where I have to apologize because I don't remember who makes those recommendations).  As this story states he was a GM employee though so he would have had access to any of the GM attorneys though and one of them would have been appointed his POA until a family member could or would have stepped in.  The paperwork is filed with the court and the person who applies to become the POA is interviewed and proved fit, the person having their guardianship taken from them is interviewed to see if it is actually necessary - and if the courts feel that it isn't then they can throw the whole thing out and it's all done and over with - but if after all the interviews are done and the doctor's reports are reviewed as well the guardianship and POA are approved.  At that time then I believe it is twice a year financial reports have to be submitted to the courts to show how the monies are being handled and if it's being disbursed properly and accurately.  This also has to include receipts so it's not like they can just turn in a spread sheet of what's been spent.  So it's very closely monitored.

If during the duration of someone's guardianship or POA a person no longer needs that guardian or POA they can petition to have it cancelled or they can change it to another person, but there's no "Fraud POA" or Fraud Will".  When a person makes out a new will the moment it's signed and notorized the former will is null and void - the same can be said for a POA.   As for End Stage Alzheimer's a POA has to be done before the person gets to that stage because a person has to be in a fairly stable state of mind in order to sign their name otherwise it's not a POA it's considered guardianship.  Guardianship is typically able to make their own decisions at any time - such as mentally retarded, end stage ALZ, coma, etc.  POA can make their own decisions but needs someone in the event they cannot, ie: accident, health, age.

Retiree

Candleburner: After reading Julie R. bloggs for months I finally went up to the courthouse and went through the case she was referring too. She has good reason to be upset. There were many things that concerned me also:

1. forensic evidence never addressed

2. complaints never addressed

3. P.O.A. filed in another county

4. 14 defectson on the title and the property was sold

5. quitclaims deed with not all signatures

6. sister telling the bank she was sole owner of propery to take out a loan

7. her mother dianosed with demenia in 2000 and P.O.A. signed in late 2001

This is only to mention a few. Someone really dropped the ball on her case. The only people that got rich were the attorneys. I do not know why she never called the Ohio Disaplinary Counsel? 

SimpleEnough

Wonder if the "new" wife is trying to get her hands on his finances?!

SimpleEnough

Whoops doube post.

Kimo

 

I would suggest that before anyone jumps to conclusions based on the article and the comments posted, they take a deep breath and not assume that what they think they have read is complete and correct.

From my personal experience, I can tell you that there is a world of difference between a POA and a Guardianship.

I would advise anyone facing this type of issue to find a competent attorney, experienced in those matters.

A Guardianship is a thankless job, even if it only involves two people. Add a couple of greedy family members and or a new wife and you have a train wreck waiting to happen.

 

Julie R.

candleburner: Who are you trying to kid, anyway? Certainly wouldn't be me. What those attorneys and those other morons did --- including those dirt-bags from two financial institutions --- was flat-out CRIMINAL. If it wasn't criminal the corrupt Erie County courts wouldn't have had to pull off one illegal scam after another to cover it up ---- even selling property with serious defects in the title at a SCAM invalid sheriff sale under a FRAUD preliminary judicial report. 

Oh by the way, I'm still trying to contact the Erie County Bar Association to find out why I was told they do NOT accept grievances against JUDGES ---- when according to you they DO.  

pow wow

Moderators have removed this comment because it contained a duplicate post. Discussion Guidelines

pow wow

   What is the purpose?

pow wow

Moderators have removed this comment because it contained a duplicate post. Discussion Guidelines

pow wow

Moderators have removed this comment because it contained a duplicate post. Discussion Guidelines

pow wow

   Why not leave this man alone.

pow wow

   Why not leave this man alone.

Julie R.

According to the paper:  In order to protect a person under guardianship, the probate court is the ultimate guardian. Appointed guardians must obey court orders, including keeping an inventory of the person's assets and filing receipts and expenditures each year. Failing to do so can result in a citation or an order of contempt of court, which could lead to lead to jail time or removal as guardian. 

What an absolute JOKE that is!  As I recall, when some Lorain County attorney (who wasn't even the decedent's attorney) filed a joke Will prepared by the decedent's attorneys two years after her death (that was different from the forged Will that was filed with the OAG Medicaid office) all the Lorain County attorney did was state that there were no assets left in the decedent's name. 

Sure didn't see the ultimate guardian probate court asking for any inventory of assets there!

Pages