I need advice on how to remove my brother from my moms bank account .. He took my mom to the bank and some how convinced her to add him while my mom is incompetent with Alzheimer's and dementia ..we don't even know if he has POA and its been over 5+ years he's had her money and never gives her any not even for food nor toilet trees nor does he to see if she needs anything or to help with bills. He doesn't call nor visits her anymore. I don't know what to do...
Who is caring for your mom? Who is paying for her needs? Does she live alone? She may eventually need to be placed in a facility. How long ago was she diagnosed with Alzheimer’s disease?
How have you addressed this issue with your brother? Does your brother have any type of relationship with her? What was their relationship before she had Alzheimer’s disease? How many siblings are there in your family?
Does your brother have a job or is he freeloading off of your mom? When was the last time that he saw your mom? Does he live close by? Does your brother have a relationship with anyone in the family?
Have you spoken with an attorney about this situation?
Please give us background information on your family so we can have a clearer picture of what is going on.
I agree with Willie. POA is not recognized by Social Security. I think I may invest in a Social Security lawyer. What your brother is doing is fraud and abuse. No one is entitled to SS funds but the person who earned them. They must be spent on Mom. A lawyer can help you get payee and then have SS go after brother to pay back any money he has stolen. If you can't afford a lawyer then go for payee based on Mom having Dementia and you need to help her pay bills. Do not bring up brothers abuse because then SS will stop Moms money until they investigate. Once you get payee, tell them you are changing her bank acct and give them the new info.
And now you want to address this?
And you don't know if he has POA?
I have to say I am at a loss.
It seems too late now to address this, because this was done FIVE YEARS ago and you cannot know what your mother's wishes and choices were at that time.
You don't even tell us where mother is living. Alone? In care? With family?
I will advise you to see an elder law attorney taking all facts and proof with you.
You can also call APS and tell them this story, but you better have your facts and your proof of all of this lined up for them so they can open a case.
My friend contacted an attorney and an investigation was done. The cousin was ordered to pay back all of the money. It became very ugly but justice prevailed for my friend’s aunt.