I was very involved in her life always but much more since her dementia.

If House was in her name, then She was 100% owner. It’s all her $.

Real property transactions are recorded at the courthouse and to the penny. Even if your in one of those states that allow Deeds to read “For the sum of $10 and other interests” the exact amount of the Act of Sale can be found out. Should mom need any State supported “at need” program from now to 2026, the State can delved into her financial history to see where her $ went to and why is is “at need” when it doesn’t make sense to be there.

so that you don’t make matters worse, I’d really suggest that you gather up all moms finances and schedule an elder law appointment for mom & you to go to. Assuming mom is still fairly competent and cognitive, she might can do a Personal Caregiver Agreement between you & her where she pays you to manage her affairs. Atty can do this and it’s all above board legit with taxes paid, filings done, etc. or maybe mom might be best off in some type of Trust. Things like this are not DIY as it’s really state sensitive for laws and how programs are run.

She has the $; have her get solid legal advice from an atty.
Helpful Answer (3)
Reply to igloo572


Unless you were on the deed of the house as a joint tenant or co-owner, it was your mom's house, and it's her money. I assume your joint account is set up that way to enable you to handle her expenses, not to share the money.

Your job is to keep scrupulous records of her money and how it's spent, and your expenses should be kept very separate from hers. I'm on my mother's checking account, but not one dime in it belongs to me nor would I ever spend a dime in it for anything that wasn't for her benefit. You should be doing the same thing.
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Reply to MJ1929

Does the POA specifically give you the authority to make gifts to yourself and is that in Mom's best interests?

This is almost always a bad idea since the elder may need the money in their lifetime and may need to qualify for LTC Medicaid. So it looks like financial abuse and makes a mess.

If it was a 12 million dollar house, consult an estate planning lawyer about estate tax. She might be able to afford the gift but you're doing it wrong. Are there other heirs?
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Reply to Frebrowser
Frebrowser Feb 2, 2021

I'm sure anyone suing you would consider this your money if it is a joint account.

You need to clean this up. Get an account in Mom's name only and put her money in to it. If she pays you for anything, document it properly, then it can go in an account with your name on it.
You signed escrow as your Mom, under POA (you) hopefully. These are your Mom's assets, not your.
As POA you should not HAVE such an account. This is melding your and your Mom's money and can get you in a good deal of legal trouble. This is your Mom's asset and if you are enriched by sale of it that is illegal.
You need to see an Elder Law Attorney so that you can become familiarized with how to act as POA for financial.
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Reply to AlvaDeer

If it’s your own personal account , you need to fix it. If Medicaid is ever needed , they won’t be happy. My name is on my moms, only her money is there. My money is on my own account...
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Reply to babsjvd

Esther911, never co-mingle your money with that of your Mom's, unless you meant the checking account belongs solely to your Mom and you are able to sign checks as Financial Power of Attorney. If the latter, the checks should say "your Mom's name or your name" together. The "or" means you can sign those checks.

When my was selling my Dad's house, he didn't want to go to settlement, thus I signed all the paperwork as POA. The profits from the sale were solely Dad's, not one penny was mine.

Said checking account only becomes yours alone if it is written in your Mom's Will and/or as a beneficiary on the checking account.
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Reply to freqflyer

It is in my state.
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Reply to tndrhrtd2u

In serving as POA for three different individuals, I have ALWAYS considered the “joint account” as LO’s money being spent by me functioning as her “agent” solely for HER CARE and NEEDS.

This has always worked flawlessly both legally and morally for me. Taxes are a whiz, SS/pension/any assets go into her account, all payments made from the account.

If you have any specific issues about whose is whose, I’d plan to ask a lawyer schooled in elder care.
Helpful Answer (1)
Reply to AnnReid

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