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Sadie52 Asked August 2016

What do I do when my sister spends my mum's money?

My sister has poa over my mum financials I just found out that she has been scammed and she used my mums money.

Llamalover47 Aug 2016
This is a common question on this forum. Get some proof...
Receipts, bank statements, something to prove it

cetude Aug 2016
Scammed or cost of care. Total care is far from cheap.

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Dad_Was_Robbed Aug 2016
I saw a similar question elsewhere on this site about this similar type of dilemma.

The first thing you need to do is report it to the APS (adult protective services). This is the first step especially if you can get a hold of actual proof such as hardcopy records to back up your claim.

Next, the best thing you can do is see if you can get the courts to help you to obtain guardianship of your mom. Guardianship given to the right person is guaranteed to stop anyone from scamming her any further. You can go after the thief and get the money back if you do it through the legal system because the judge will likely rule in your favor. These cases are probably time sensitive, so definitely act fast.

Another thing you need to know is that guardianship gives you access and control over your mom's money, but remember, guardianship has certain requirements. As a guardian, you'll probably be required to periodically account for every dime of her money. That means you won't be able to spend any of her money anywhere else but on her. Yes, you heard me right! Her money must be spent only on her, especially if she receives federal benefits. If you gain guardianship, you'll probably want to move her money to a new bank account with both her name and yours on it. Have the bank block access to the person in question, don't allow this person to have any of her money if you suspect elder fraud, (even if it turns out to not even be the case). You'll definitely need to make sure her immediate and most important bills are paid first along with her other basic needs for survival. Being a guardian will also allow you to control other aspects of her life such as medical decisions on her behalf. A guardian must always act in the best interest of the person. Communication with the person is always key, find out their wishes as long as they're of sound mind enough to be able to communicate those wishes. Communication is what will empower you to be able to successfully act on her behalf and keep her happy.

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