Elderly woman claims daughter converted funds to pay lawyer and converted deed to house

Ann Knef Feb. 13, 2009, 4:24am

An elderly St. Clair County woman is suing her daughter for converting substantial sums of money for personal obligations, as well as fraudulently converting the deed to her house.

Rose Hamkammer, an 81-year-old widow, is suing Lydia Funk in St. Clair County alleging Funk took money from her accounts to pay personal obligations, including a Belleville attorney for child custody and traffic violation matters.

Hamkammer is seeking a temporary restraining order, preliminary injunction and/or permanent injunction, as well as a judgment in excess of $50,000.

"That the Defendant, Lydia Funk, engaged in fraud and/or conversion, in regard to assets or bank accounts from which Defendant, Lydia Funk, drew monies and/or wrote checks from said accounts…," states the complaint filed Feb. 10.

Hamkammer alleges her accounts included deposits from social security, retirement checks, interest, bonds and other sources.

She is represented by Edward J. Blake, Jr. of Blake & Allen in Belleville.

The reason Funk had a power of attorney was that in the event Hamkammer was hospitalized her bills could be paid, the complaint states.

"That by having a Power of Attorney for the Defendant, Lydia Funk, Plaintiff trusted that the Defendant, Lydia Funk, would manage Plaintiff's monies, assets and pay the bills of the Plaintiff in a timely manner," the complaint states.

Hamkammer claims her daughter breached fiduciary duty and abused her power of attorney. She also claims she was exploited financially in that as an elderly person her resources were abused.

The complaint states that Hamkammer has another daughter, Donna Martin.

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