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My mom made my brother POA because she thought he would sign her out of the nursing home. That did not happen and part of her income was supposed to be turned over to the nursing home beginning in January. She has a bill of $4,200 with them that she owes through May. June her social security started going directly to the nursing home, but she still owes the $4,200. This past Saturday, my brother picked her up from the nursing home, took her to the bank and had her sign over the $5,200 she had in there directly to him. He thinks he can "hide" this money. Any way for her to get it back? She is now very upset as the nursing home came to her yesterday to pay her bill and I told her what they are doing is Medicaid fraud.

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Agree. As POA ; brother is legally responsible for using all mom's funds for her care and well-being. He cannot take out any money for himself unless he has documentation that this $$ is payable to him to reimburse him (brother) for any out-of-pocket expenses he has receipts for that were used for mom's care.

Sounds like above is not the case and indeed regarded by legal as medicare fraud. This is a serious offense and he could be stripped (should be stripped) of his fudiciary POA responsibilities.

Agree with Kimber - stay out of it; don't get yourself legally involved unless you have clearcut documented proof (not just hearsay or presumption) that brother is taking mom's money for his own purposes.

PS. Don't visit, help or enable mom or brother. Let brother see how hard the care is for mom and then leave it up to him to find care and assistance. You are right, its a mess, but he and mom created it. Stay STRONG.

As POA, he is now responsible for all mom's bills including nursing home care if Medicare refuses. AND IF MOM checked herself out of nursing home and went to bank and authorized funds for brother -- then she is still deemed competent and SHE IS RESPONSIBLE for all the outstanding bills. Legal entity (lawyer, bank lawyers, etc.) needs to determine if she was still deemed competent and in that case, brother never had POA unless mom gave him permission to act on her behalf and then she invoked POA putting brother in charge.
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Kimber, you are right. It is just so hard. I visit and call and she cries to me about how badly he is messing her up all the while blaming me for her being there in the first place.
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starrrr.... my suggestion for your own health and peace of mind - let the NH, your mom, and your brother duke it all out and stay clear. It will cause you stress, you might get sucked in somehow. Visit your mom as a daughter - but since your brother is POA - he is responsible for this mess. he created it. Stay tough as you have before - when brother was going to bring her home. Go on a vacation for a while and take care of your self.
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starrrr.... my suggestion for your own health and peace of mind - let the NH, your mom, and your brother duke it all out and stay clear. It will cause you stress, you might get sucked in somehow. Visit your mom as a daughter - but since your brother is POA - he is responsible for this mess. he created it. Stay tough as you have before - when brother was going to bring her home. Go on a vacation for a while and take care of your self.
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