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B
burrows Asked November 2014

My mother has given her son POA. She is 88 years old and just gave her brother $50,000 for no apparent reason. How can her son intervene?

my uncle owed mother $75,000 but he talked mother into accepting $23,700 because she believed that was all my uncle had to pay. My uncle received help in convincing mother to accept much less from his and mother's sister. Mother has always listened to her for some unknown reason.

jeannegibbs Nov 2014
As POA her son can advise her and encourage her to make good decisions. He can carry out her wishes regarding financial matters. He cannot impose his decisions upon her unless she is incompetent and the POA stipulates that he can in that circumstance.

This is why Pam recommends a guardian, who can make decisions for Mom. But that cannot happen unless Mom is incompetent (as ruled by a court). Making bad decisions is not the same as being incompetent.

She does need to know that giving money away now might make her ineligible for Medicaid later for a certain period of time. Can she understand that concept?

pamstegma Nov 2014
Mother needs a Guardian, or at least someone who warns her that if she gives it all away, Medicaid will not cover her and she will die in the city mission

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