I have POA (on file with the State of AR) of my step-father’s affairs. I was not notified of a large garnishment imposed on our joint account. He is a senior citizen, unconscious patient in a nursing home. His wife lives independently. The funds were taken the day his retirement checks was deposited. This account is the means I use to care for both parents. The judgement was issued Jan 2004, but I didn’t know this until I reviewed our account to pay bills. He was declared mental ill at this time as early as 2004. The attorney wont talk to me. The district court and bank say, “its out of their hands.”
What recourse do I have to have these funds returned to our account and to prevent future garnishments against my dads retirement and social security income?
Frankly, I think the quickest and most prudent way would be for you to file bankruptcy on behalf of your step-father. This will quickly terminate the judgment and any other past financial issues hanging over his head.
Any other route seems like it would be nearly as expensive and certainly not as timely.
Find a local bankruptcy attorney you like today and go talk to them.
Please update me on your progress by posting updates here in the comments section of your question. I’m very interested in how this works out for you.