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harleyguy Posted May 2012

Recently obtained durable POA for my mother who resides in a nursing home.

She receives ss and a small pension which was deposited into a bank account with mothers and my sisters name on it.Mom swears my sister does not have authority to withdraw/sign checks,but apparently that is not so.I was informed by the nursing home,that checks written by mother for her nursing home care were returned for nsf. This is unusual in that mom has never had checks returned for nsf in over 6 years of living in the nursing home.Did some research and found out on 4/2012 my sister made an unauthorized withdrawal in cash of 6500.00
followed by another cash withdrawal of 1500$.This depleted her bank acc and no funds were left to pay the facility.I became poa after the fact,and closed the account and opened another one for her.All checks for ss and pension will be deposited into this account and I will be paying all bills by bill pay online.My question is with poa can I sue or have her prosecuted for taking the money.Mom has no ideathat her checks are bouncing and I doubt she would prosecute since his is her baby. grrrrrrr

katiekat2009 Sep 2012
Actually, you can contact the Vulnerable Adults Unit of your state attorney general's office and they will investigate. You do not need power of attorney to initiate an investigation.

Matuse May 2012
Oh my that is bad. Don't think you can do anything legally about that since she is on the account. Glad you are taking over for her. I have a POA on my mom and my husband keeps a running account of what we actually spend on her and the one or two bills she pays a year. We don't want any questions asked that we can't answer.

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harleyguy May 2012
She refuses to take my calls.

anonymous95109 May 2012
I agree that if it is a joint account, either person can make withdrawals. Have you spoken to your sister about this?

shortmomma1 May 2012
since sis was on the acct, i dont think theres anything you can do at this point..sorry

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