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Once my parents healt began to seriously fail they decided it was best to remove my sister from the POA because at the time of urgency she was of NO HELP!, fearing that if anything, she would be a henderance. My city has an agency for the elderly that provides free or pro bono services depending on age and income. We were able to have a new POA drawn up for free. Check your cities resources or consult your attorney.
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When your Uncle becomes POA ask him to have your sis to provide an accounting of your mother's money and have all funds acquired after expenses turned over to him. I am a little confused, why does your mother need a POA? If she works outside the home I assume she is competent. I stated before if she does not need help now handling financial affairs she should get a POA that does not go into effect until she is incapacitated or deemed incompetent. Good Luck
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At the end of all this, if it turns out she was totally bluffing all along, and never had any POA, don't forget that she furnished false info to the USPS. It doesn't matter that she didn't show anything to the USPS. She stated that she was your mother's executor, guardian, authorized officer, or agent, and if she was changing your mother's address against her will, that was a false statement! Period!
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I don't know if she is or isn't. If she did I'm sure she got it under false pretenses and made my mom sign a paper she was unaware of what she was signing. We have never seen the document at any time and the USPS office says they used to ask for a copy but they don't anylonger.
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I just checked the USPS website. Your sister would still have had to state that she was, at the very least, your mother's agent (which she wasn't,right?) in order to change your mother's address. It also says that if she furnished false information, she could be punished by fine or imprisonment or both. Believe me, it is not simple to change someone's address legally, if they don't want you to. And that's a good thing!
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I can't do it online as my mom does not have her credit cards. My sister has them and that is how she changed it. That is why I have to physically take mom to the post office and sign the card and tell them it is not to be changed again unless done in person by my mother or her POA. We have not yet changed POA as lawyer is still waiting for documentation from doctor who is holding things up.
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When I went into Post Office a year ago to submit change of address for mil, they told me it was easier to do it online. Got online, changed it, that was it. She didn't have to prove who she was at all. Have you gotten the new POA with mom's signature?
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Thanks. I am taking mom to post office today to change it back. Will they be able to tell me if they have a copy of the POA? I think my sister did it online though as you have to use a credit card with mom's name on it for fraud purposes. If she didn't show the post office the POA I think I have her by the butt!!!
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If your sister filed a change of address for your mother's mail without her permission, then she either forged your mother's signature or provided a copy of the POA. I know this from recent experience. If she forged a signature on a federal document, then you've really caught her on a big one. Good luck!
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No idea. She has opened a savings account in her name without my mother's name and is depositing my mother's money in there. I don't know what happens now. As soon as my uncle takes POA I am assuming he can make my sister turn all that over to him and he will open new accounts for mom.
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Hello All:
My uncle has agreed to be the POA until all this stuff with my sister is ironed out. What a terrific guy. He won't let anyone hurt his sister (my mom). Now this is what we found out today. Took mom to the bank so she could get money out to go grocery shopping and get some prescriptions filled. Got the bank statements from October to now. My sister has opened a savings account without my mother's name on it and is depositing mom's money in there and no one has access to it. What happens if my mom passes away. Will this not be part of her estate since my sister has moved it and locked it. What do I do now. That is my mother's money and my sister has been moving about $1000 over per month into this account. Any guidance would be appreciated. Thanks.
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Italianbabs: Whew what a dysfunctional family. Pay for the house/apt. repairs yourself. Take the money ($200.00) a month and put it into a separate checking account. Take good care of your mother. Did I read this correctly: She works? outside the home?? Have your mother sign ( in front of a Notary Public) a new POA removing your sister and appointing you. Stop complaining and enjoy the last years of your mother's life.
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I would have this done by an attorney...You most likely do not want to have to go thru court littergation down the road.
Best,
Hap
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So what is your sister using your mother's money for?
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My brother in law told me I should pay for the repairs to my mom's apartment since it is my house. I told him, you pay me full rent for her living here and I will pay for those repairs. They think because they control my mother's finances and pills that I need to do everything they say. That was not the agreement my mom and dad made when they moved in with me. They live rent free until recently, she now pays $200 per month but I still pay for mom's cable, phone, water, trash and sewage and buy most of the food she eats and drive her back and forth to work 3 times a week as well as do her laundry now. My sister does nothing.
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I did talk to mom this morning and mom is going to sign new POA and take everything away from my sister. My sister was never like this to me. We were best friends. That is until my husband got ill for a year and a half and we were not getting full income and I borrowed $10,000 from my mom for bills that I could not keep up with while he was ill.
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I agree with you. My husband was doing so and protecting my mother so she didn't have to go outside at night to get her keys. My husband waited in the doorway and asked for the keys. I guess we have to get a public defender as we just had to file bankruptcy to keep our house because my husband was ill for a year and a half. Sister did pay repairmna after brother in law questioned if the work was actually done. He told the repairman not to tell us he asked if the work was done and then accused us of trying to steal the $100.00. Mother can't pay anything as she has no money other than the pittance my sister allows her to have when she feels like it.
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There has to be a reason to put someone in jail......has sister been such a bully to you your whole life? Have a talk with mom and explain what needs to be done and then get it done. Ignore sister.....she talks big, but I bet if you stand up to her she will back down pretty fast.
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Your husband was defending his home and self.....I take it you have an attorney for this? How can your mother pay for her own repairs when sister has had all the money? Does the repairman have his money or did sister not pay him?
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Simple assault and harrassment for protecting his home that he told my sister and her husband they were not welcome in anymore. My brother in law thought since it was my mom's apartment he was still permitted to come in. It is my home and we said no way are you ever allowed in here again and he just tried to bully his way in. My sister has been threatening me for a year to put me in jail and I thought she could so I never stood up to her. Well I'm done backing down since now it affecting my family and my mother's health.
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what kind of charges were filed against your husband? Did it have to do with this? I think there is a lot more going on here than the obvious. You cannot just close an account and open another one and have someone's paycheck deposited. If that's the case then I will open an account in the President's name and have his money deposited there.
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Mom lives with me in my home. She has her own apartment on the second floor and my husband, my daughter and I take care of her 365 days a year, 24 hours a day. The reason all this started two weeks ago was because our friend repaired my mom's furnace which was broke. My mom always pays for her own repairs to her apartment since she pays no rent. My brother in law and sister accused me of taking the $100 for the furnace to be repaired and called me a thief and said my 16 year old daughter stole my mom's stomach pills. That lead to us telling them to stay off our property, which in turn my brother in law tried to force his way to which my husband shoved him out the door and he fell down the steps. So now on top of all this other stuff we now have to appear before the magistrate for simple assault and harrassment for staying in our own home. How ridiculous is our legal system? It's our home and we told him to stay off our property.
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Where is mom and who is taking care of her? And where does the uncle fit into all this? Your sister is holding your mother and you prisoner....stand up to her and tell her that you will no longer standby and let her terrorize either one of you. If you are taking care of mom then how are you doing that if sister has all the funds? Apparently if mom is still able to be employed, she can make her own decisions. There is nothing your sister can do to you legally or otherwise, so tell her to stop. After you get legal POA it won't matter what she tries to pull, but you really need to stop letting her be a big bully.
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These account numbers would be on 2010 taxes only since the new account my sister opened was in March of 2010. Mom has no mac card, checks, deposit slips, statements, nothing because my sister is afraid I will steal the money from the accounts.
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if your mother files an income tax return, her bank information (bank, acct #, interest earned) should also be on there.
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Mom is torn between the two daughters. But after sister went to her employer and then filed charges against my husband I think mom now realizes what she needs to do. She trusts her brother and so do I and that will alleviate all the troubles right now I believe. Yes we were all on the account but after my sister accused me of taking the money she opened all new ones. From that point on, my mother has seen nothing and did not know her mail was being sent to sister. I am going to post office immediately after work for change of address card. Still haven't heard from attorney though. I wish he would call....
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I remember you saying your mother, your sister and you were all on this account together. Therefore your mother is entitled to ALL information, as well as you. If this was mom's account to begin with, go to bank, close account and open another one. Then have mom tell employer that ALL paychecks are to be given to her or deposited into new account. Go to post office and put in change of address if needed. What types of bills does mom have? If it is utilities, call them and give them the change of address, does mom have credit card bills? If so she should have the cards, call them and tell them to send bills to her and only her and no other information is to be given out. It is illegal for any entity to give out information without that person's permission. If sister doesn't have a legal POA she could be charged with fraud and/or theft. Call the bank and ask them what kind of paperwork they have on file proving only your sister gets mom's information. You MUST be firm and do not let anyone "sidespeak" around you. Is it possible sister has a friend at the bank who has done all this paper shuffling? Why did the attorney and your mother allow sister to keep financial POA when you last spoke with him? There was a reason for that. Looks like you are going to have your hands full. If your mother is willing stop all this nonsense, it just takes her say so.
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That is what we want to do is set up a DPOA. I'm hoping my uncle will agree to this temporarily to stop all the family disputes and risk to my mother's health. This way it leaves me out of it right now and my sister will probably not fight my uncle but she would fight me. Since my mom doesn't have access to her money, I have to pay the attorney and I'm not very equipped to do that. Can my mom go to the bank and withdraw her money or could my sister have put something on there saying mom could not withdraw anything with notifying my sister first? I'm not sure if there is such a thing but you never know what a person so full of hate and greed will do.
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Your Mother should open a new bank account. When employers direct deposit a check all they require is a canceled check attached to the direct deposit form so they know what account to deposit to. This can be changed at any time by filling out a new form with her employer and attaching a canceled check (an account card from the bank would also probably work). Also go back to your lawyer and work on getting her money back and setting up a durable POA.
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Is Legal Zoom valid or should I wait for the attorney to do it? I'm afraid to wait because I know my sister is coming after me next....
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