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ohio power of attorney world war ii veteran county court nursing home

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#1 Hum

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Posted 16 May 2013 - 16:19

A 91-year-old man wants to stop his daughter from evicting him from the home he built 56 years ago in Zaleski, Ohio, a small community south of Columbus.

In 2004, John Potter and his wife, who has since died, gave the general power of attorney to his daughter for future matters if they declined in health, including to take care of her autistic adult brother, now 63.

But unbeknownst to Potter, his daughter Janice Cottrill eventually used that power to convey the deed to the one-story home to herself. In 2010, Potter said he learned of the deed transfer and switched power of attorney to his granddaughter, Jaclyn Fraley, now 35.

Potter, a World War II veteran and retired train dispatcher for the Baltimore & Ohio Railroad, sued to get the home back, arguing that his daughter had transferred the deed to herself illegally because those with the power of attorney are not permitted to transfer assets to themselves from the estate they oversee.

Potter won in Vinton County Court, but an appeals court ruled last year that the statute of limitations of four years had passed on the accusation of breach of fiduciary duty and thus the deed could not be handed back to Potter.

Early this year, his daughter and her husband sent Potter an eviction notice, saying they had terminated his "existing lease." An eviction hearing will take place on June 12, during which the judge will have no choice but to evict Potter, Fraley told ABC News.

When asked how he feels about being evicted by his daughter and son-in-law, Potter was at a loss for words.

"I just cannot believe my daughter would ever do anything like that to me," he said.

Janice Cottrill declined to comment.

"The case is currently pending in the Vinton County Court and we will let the court decide the issues," said Lorene Johnston, an attorney for Cottrill.

Fraley, a nurse who moved to Columbus, Ohio, from San Diego to be closer to her grandfather, said she has not been on pleasant terms with her mother and stepfather for the last two years or so, when she learned that they had tried to place her grandfather in a nursing home, she said.

Hoping to keep her grandfather in the home he built, Fraley started a campaign on GoFundMe.com, a crowd-fundraising site.

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#2 Steven P.

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Posted 16 May 2013 - 16:24

Well they've already reached their target of $125,000, good for Grandpa!

#3 casper2

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Posted 16 May 2013 - 16:49

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If some one did that to me i'd set the place on fire.

#4 +Nik L

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Posted 16 May 2013 - 17:02

What a vile piece of crap that daughter is!

#5 webeagle12

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Posted 16 May 2013 - 17:16

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If some one did that to me i'd set the place on fire.


Yup and at 91 I wouldn't give a damn

#6 Growled

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Posted 16 May 2013 - 18:12

That daughter is one more sorry piece of trash.

#7 Ph1b3r0pt1c

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Posted 19 May 2013 - 02:53

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If some one did that to me i'd set the place on fire.

Then she would collect on the insurance money, and you would be in prison for arson. Only good things happen to people that do this crap. Good things like dieing in a firery car wreck, or getting mugged and beat to death in a dark alley. We can only hope.

#8 chrisj1968

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Posted 19 May 2013 - 02:59

naw.. The daughter will reap what she sows. She has been evil to this man, her father.. when the time comes, she will be mistreated as she did her dad, you watch...

#9 +techbeck

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Posted 19 May 2013 - 03:01

What a ungrateful bitch. Who does that to family? Seriously. And if she waited a few years, she would of gotten the house anyway. Now, hopefully, she wont get **** and it will all go to his grand daughter.

#10 chrisj1968

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Posted 19 May 2013 - 03:08

What a ungrateful bitch. Who does that to family? Seriously. And if she waited a few years, she would of gotten the house anyway. Now, hopefully, she wont get **** and it will all go to his grand daughter.


but the slimey daughter, probably under the advice of her husband, would only contest the will.. then off to court again. poetic justice would be in that case, the granddaughter would level the house as collateral and in the event the granddaughter loses, the county seizes the house the daughter is still out in the cold as she should be.

#11 +techbeck

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Posted 19 May 2013 - 03:33

but the slimey daughter, probably under the advice of her husband, would only contest the will.. then off to court again. poetic justice would be in that case, the granddaughter would level the house as collateral and in the event the granddaughter loses, the county seizes the house the daughter is still out in the cold as she should be.


If true, and If the daughter goes a long with it, shes is just as bad as the husband.