Geri Lindsey, a resident of North Carolina, was a World War II nurse, two-time leukemia survivor, rescue dog mom, and a great friend and neighbor. Lindsey’s life tragically ended in a Mecklenburg County nursing home. The events before and after her death were preventable if North Carolina laws had better protected her.
· Abuse of Power of Attorney
· In Lindsey’s case, she granted a General Power of Attorney to an individual who appeared to treat Lindsey as though she was in a conservatorship. He managed Lindsey’s finances to the extent that she did not have knowledge of her total assets. She appears to sign her vehicle away to someone who is not her relative; despite Lindsey’s attempts to get her vehicle back, she was denied by those around her. He also had full access to her financial assets and investments which were equivalent to more than $800,000, knowledge that appears unknown to her. She received food from a program similar to Meals on Wheels, despite having funds. At 98, she was placed in an assisted living facility during peak COVID and passed away from the virus a month later. During this time, a witness attests that Lindsey asked her if she (Lindsey) had any money left, indicating she had no awareness of her financial standing. The assigned Power of Attorney continued acting in the capacity after Lindsey’s death, despite a Power of Attorney becoming void after the person passes. The individual made a payment of more than $10,000 to a neighbor despite this action not being listed in the will.
North Carolina law states that Power of Attorney agents should “act loyally for the principal’s benefit” and “act so not to create a conflict of interest that impairs the agent’s ability to act impartially in the principal’s best interest.” In Lindsey’s case, her designated Power of Attorney was the main heir and beneficiary to her estate resulting in a conflict of interest.
· Geri’s Law proposes enacting a misdemeanor or felony criminal offense for Abuse of a Power of Attorney; limiting an individual’s capacity as a Power of Attorney if they are a main beneficiary to the person’s estate.
· Probate Process
· Lindsey passed away on February 3, 2022. Lindsey had no biological children. In her holographic will, Lindsey lists the individual involved as her “POA,” however, she names no executor to the estate. After Lindsey’s death, two people not related to Lindsey, however friends of the individual who was Lindsey’s POA, were observed taking items out of the home at night. They had been approved to do this by Lindsey’s POA, despite a POA ending immediately when a person passes. Since there was no executor named in the will, no belongings or finances should have been removed from the home prior to court involvement. The individual misrepresented himself to the community as the Executor when he had not been named as the Executor in Lindsey’s will. An estate sale was held the same month as Lindsey’s death and before she was cremated; the cremation was paid for by FEMA due to Lindsey’s death from COVID. Documents were not submitted to the Mecklenburg County Courthouse until 10 months after Lindsey’s death and after her belongings had already been sold or trashed and renovations began on her home. The individual stated in a court hearing anything he could not sell in the estate sale, he had trashed.
· Geri’s Law proposes enacting a mandatory filing of probate documents within 60 days of the decedent’s death to ensure accuracy and prevent fraud. Any person(s) acting in a capacity as an executor without being named by the court will face misdemeanor charges of fraud.
· Holographic Wills
· North Carolina is one of only 27 states recognizing holographic wills. Lindsey’s will that was presented to the court was a holographic will. Holographic wills are dangerous; they allow fraud and coercion to occur without witnesses. They don’t require notarization, which often would prompt a Notary Public to recognize if someone is being coerced. Holographic wills also leave blurred lines that can leave a person’s true intent up for question. Due to Lindsey’s home belongings being sold or trashed, no one else is aware if another will exist.
· Geri’s Law proposes eliminating holographic wills in North Carolina.
· Falsification of Death Certificate Information
· Lindsey’s POA provided false information for a death certificate to include her maiden name and family history. This can prevent distant family members from coming forward and limit research. In North Carolina, informants are not required to provide any proof of the information being stated to funeral home personnel for the death certificate. If someone wants to dispute the information, they must provide the burden of proof. In this case, there are no legal consequences for providing false information per the North Carolina Department of Register of Deeds because the department claimed it could be a “mistake.”
· Geri’s Law proposes requiring informants to provide proof of the information they are stating for the death certificate (mother’s name, father’s name, maiden name, etc). Documentation must be provided by the informant for the death certificate. Providing false information for this official government document should be a felony.
· Abandonment of Decedent’s Ashes
· Lindsey’s ashes were abandoned at a local funeral home in Charlotte, NC. They were discovered a year later; an employee said Lindsey’s POA said he “didn’t want them” and to “spread them around the cemetery,” despite Lindsey’s wishes to be placed next to her late husband. The ashes were considered “unclaimed” and were signed for by Lindsey’s friend who made the funeral arrangements.
· Geri’s Law proposes that executor’s ensure the burial/placement of decedent occurs within 60 days of death. Executors and/or beneficiaries will not receive their portion of finances and/or property without providing proof of arrangements and their occurrence.
Justice for Geri 