The amount of money that he owes his mother approximates $80,000. The exact sum due is unknown because he tracks his loans "loosely" and "the nature of the repayment is somewhat far off." Moreover, he has no job (though he is apparently well-educated and highly skilled) and lives in his mother's house. She lives elsewhere and, according to him, has a finite estate. Yet, her assets have been used by him to pay for his credit cards, his attorneys, and a lawsuit he initiated against a local municipality, among other things. Simply put, loans from Mrs. Olivares' assets support him, as he acknowledged. Most troubling though is that many of the loans and expenditures from that finite estate were made after he secured from his mother a power of attorney to act on her behalf. And, as mentioned above, little to no evidence appears of record illustrating that repayment will be forthcoming in the near future. This is of import since under the power of attorney, his debts will be forgiven upon the death of his mother.
So what we have here is evidence from which a factfinder could reasonably conclude that though Olivares has the ability to earn wages and care for himself, he opted to live off his potentially incapacitated mother and expend her finite estate for his own benefit. More importantly, much of this self-dealing occurred after he became her fiduciary via a power of attorney.
