Follow
Share

I just found out my sister is taking money out of my mother's account and putting it in an account my mom has no access too. She is POA right now but hopefully will be revoked very soon as paperwork is being prepared. My question is "If this money is being moved into my sister's account and my mom passes away, is this money part of my mom's estate or is it my sister's money? My attorney said he thinks it would be my sister's money but my mother's account will show her SSI being put into her account and then the money being moved out of the account. Does anyone know if this money can be given back once sister is removed as POA. I'm confused and hurt for my mother. We found out when we went to the bank to get some cash out for my mom and noticed by some back statements that between 1,000 and 1,500 is moved each month to an account with my sister and brother in laws name. Any help would be appreciated.

This discussion has been closed for comment. Start a New Discussion.
I am dealing with the same thing right now. My sister has several thousand she has taken from moms account 'for her needs' and refuses to show me where it is. i just got POA and have been moms caretaker (she lives with me) for almost three years. Sister claims she is protecting Moms money from me as I would spend it all. Mom recently qualified for Medicaid not knowing my sister had hidden moms money. I am seeking legal help now. This is a real shame.
(0)
Report

I totally agree with you. That is what I just told my neice on Friday. I said they were missing out on the final days of their grandmother's and mother's life over some money. I spoke to my mom and she agreed with me. It took 52 years for my mother to say she loved me. She has never told my sister that. If my sister was not doing this she may have that same joy to hear that from her mother's mouth before she dies. I know that meant the world to me to hear that because my dad never said it either until two weeks before he died. That always stays in my heart as some of the last words he ever said to me. I do believe the good Lord is watching over us and walking ahead of me guiding the way. He will protect us of that I'm sure. He knows the plan and I take faith in knowing through all this adversity and pain, I know that I did everything for my mother and she is happy and comfortable and my family and I did that for her. She said yesterday that my sister will be the one crying over her casket and I said "yes she will and it will be out of guilt not love".
(1)
Report

My uncler who is the new POA is on the case. As it turns out he personally knows the gentleman at the bank where my mom's funds are and he also is going to talk to a friend of his who was a DA and find out the legalities. He has the list of where the majority of her money should be and he will be checking to see if sister changed any of the other accounts. God Bless him. I sat and spoke with him about everything on Friday night so hopefully he will be able to get some answers and get this resolved. Changed mom's phone number now so family cannot contact us as all. I'm done with all of them. My sister disconnected my mother's lifeline and that was totally the last straw. That was a blantant move that told me she didn't care about her at all.
(0)
Report

Babs - I'm sorry to hear this - people are despicable when it comes to money...do what you can legally to recover the money and then cut sister off completely. Get a restraining order if necessary!!!! You might also consider creating new accounts at a different bank or credit union for your mom. Tell social security you fear identify theft and need to change her direct deposit to these new accounts. Do this with other income too - pension, annuity, etc....

good luck! Your mom's lucky to have you!
(1)
Report

You must have a good family for careing for your Mom and not for monetary gain, Hugz to you and your family. I found out that those who think with greed and not love dig there own Hole. Your are gainning more than money can ever buy and
Mark My Words... Karma is a strong force....
NATURE takes care of those who take care OF IT, respect and protect it, and HE who neglects and abuses THE GIFTS OF NATURE, will have to suffer the consequences in which they created for themselves with the same disrespect.
(1)
Report

She lives with me and my family cares for her. My sister is doing God knows what with the money. Her POA has been revoked and given to my uncle. He is going to talk to a DA friend of his and also knows the man at the bank where the funds are located, Hopefully he will be able to help us out and retrieve my mom's money as she wants nothing to do with my sister anymore, It's a disgrace what they are doing to my mother,
(0)
Report

Who is careing for your MOM? Having POA or being a Trustee of a trust is a hugh responsability. If at anytime there is a question of misuse or abuse of these powers and can be proven that the use of funds were not "in the benefit of" you got a case. If they are caregivers they can get paid a certain amount, if they are using the funds for housing, food, clothes, meds etc. anything for your Moms benefit as long as they have clean records and if they are taking payment for services taxes are an issue as well (income). If your Moms bills are not satisfied this is also a major factor. If Mom signed checks to them it is like she gave it to them if POA signed there is a paper trail that leads back to them and they will have to explain and show proof. POA is if the person cannot handle the issues themselves, if your Mom can speak for herself she can revoke POA and give it to you. The bank should be made aware of anywrong doing then they should contact the proper authorities. If they have taken SS into an account that is not your Moms and spent without setting up as represenative payee, this is also unlawful and I believe a criminal act. If they are careing for her and doing what needs to be done, it is very expensive and not an easy job so, in that case offer to help and consider yourself lucky you have them to care for Mom. I say this because my family was worried about assets first Mom 2nd, and above all not dealing with it because it all is a big problem noone wants to let Mom ruin thier lives.
(0)
Report

In the state where I live, my siblings had to sign waivers that said they were ok with me being my mom's Guardian and Conservator - you may want to check to see if that should have happened where you live. If it was required and they either forged your signature or lied about having siblings, your sister could face criminal charges. I agree with WilliamRoberts - call the DA and see what your options are.
(0)
Report

Call the county DA's office regarding abuse of POA and Financial Elder Abuse.
(0)
Report

Just found out she has made herself the trustee and my mother can't get any of her money or even close the accounts. This means all the money my sister took from my mom is now hers and not part of the estate. What the hell do we do now? Mom can't close her accounts, make her SSI and pension go into another account or get any money. How the heck can someone do this and sleep at night?????
(0)
Report

If your attorney doesn't know, find one that does or at least one that will find out. You may have to find a specialist. Do check your mother's credit. You may find out some other things you need to know now before it gets out of hand.
(0)
Report

Sounds like abuse of authority which I believe is a crime. Since the victim is elderly, it's also financial elder abuse which is a crime. Someone could end up in jail. Call the local police or county DA's office to discuss.
(0)
Report

Unless your mother was aware of these deposits and "gifted" these funds to them, it seems to me that it is theft.
Having a PoA does not give anyone the right to do anything against the will and instructions of the family member. Bank records will show that the funds were transferred....these should be recovered.
I am afraid that you will have to take legal action. I doubt that your sis will return the funds voluntarily. My sib did something similar...had Mom take out a credit card and cash advances. When I caught it, only a few hundred dollars had been paid back. Who knows what else was taken before I discovered it. I immediately got Mom's PoA and monitor her accounts. I truly believe that she would still give my sib money to this day!
You are correct to have the PoA revoked. You can have a new one made as long as your Mom is of sound mind. Do whatever you have to do to protect your Mom. Her property and assets belong to HER...she may need them at some point in the future.
Btw, the person who is caring for the parent, should be the one who has both the medical and financial PoAs. If your Mom has substantial liquid assets, ask your attorney about creating a trust...or put the funds into CDs where it is more difficult for "sticky fingers" to access them. Also, check her credit report for any loans taken out in her name. If so, put a fraud alert on it by calling one of the main three credit bureaus.
Good luck...it never ceases to amaze me at how incredibly selfish and cold hearted so-called "family" can be. (hmmm...can one divorce his or her children?)
(0)
Report

Call Adult Protective Services ASAP. They will do a down and dirty investigation and your sib will be required to pay it back or have it offset against any inheritance at least.
(2)
Report

This discussion has been closed for comment. Start a New Discussion.
Subscribe to
Our Newsletter