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didnotsignup Asked March 2018

Financial abuse, what can be done?

At such a loss of what to do. My MIL lives with her daughter. After a fall, they made the decision she would move into the daughter's house. She would turn over about $900 a month towared the household expenses. The SIL has a long history of financial mismangement and bankruptcies. Her mom's house was sold, the money went into an account. The SIL is power of attorney. We come to find out in a 7 month period $60,000 was taken out. This was mostly in cash through ATM machine withdrawls a couple times a week. We have all the records and documentation. I contacted an attorney. He said is it drugs or gambling? We still have no idea where all that money went. We were able to put a freeze on her access. Now, the MIL forgives the daughter. She wants access back to the account. We keep explaining she may need that money for nursing home or skilled care in the home. She has fallen another two times. She's really too old to explain that medicare looks back and the SIL is suggesting that her brother has alterior motives for the money. We do not want to call protective services. The mom just called for money. He asked the sister for receipts which are not being provided. He transferred $1500 into the moms checking. What can be done? If we were to release that money we know it would be spent then the SIL would claim she could no longer take care of her mom and it would limit his mom's options. It's causing a real severe rift. Any advice? As long as we have the documentation, can we not be held responsible from medicare lookback?

Kimber166 Mar 2018
If you put the house in your name Medicaid will deem it a gift under the five year lookback also.

sailtootsie Mar 2018
Mom has a house she’s 78 should we have the house put in our name it paid in full.

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talkey Mar 2018
Is MIL of sound mind? Does anyone have DPOA? If possible, I would only provide MIL with pocket money, after her needs are met, using white lies if necessary. Using DPOA to take care of our loved ones' finances often makes us very unpopular people, even directly with our loved ones, but especially with others who expect to benefit from them.

anonymous439773 Mar 2018
If you are talking about nursing home placement being paid for it is Medicaid. There is a five year look back period that money would have to be accounted for. She will be penalized for all of that cash because it would be considered "gifts" by Medicaid when they do the five-year lookback. What money remaining needs to be saved; not given to anyone or wasted. This person should not be in charge of the finances. It is expected that you should pay for care out of your own assets, not rely on Medicaid unless necessary.

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