Brother "spent" large sum of mother's money - I'm worried about Medicaid 5 year look-back.

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My brother put his name on my mother's savings account. There is over 50K gone which he used for himself. She still has 75K left in savings, rents an apartment, and owns no other assests (currently lives on SS).

My mother ended up taking his name off the account after noticing the money was disappearing. Some of the bank withdrawal slips appear to be forged. I don't want to press charges but I'm worried of what will happen if she needs NH care within the next 5 years.

I need to speak with my sister also to see if either of us wants to become DPOA. I'm afraid that if one of us now does this we could be liable for future NH bills if we are disqualified.

Not sure what to do or how to protect her. Thanks

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Hmmm, I think figuring out the various banking streams will make you loco.

Give some thought to getting a forensic accountant to put together a report on mom’s finances for the past 5 or maybe 7 years. Specialist CPA work. Finding one maybe sticky. The pit bull divorce attys will have some they work with & regularly. I’d ask your elder law atty as to who those attys are and call for a forensic accountant referral.

Plus You can use the forensic report for the guardianship hearing.

So is it morphing to missing money involves both Brother & mom’s actions?
Thank goodness your dealing with this now while mom still has 75k to get proper legal & accounting done & in advance of any Medicaid application.
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Just a reminder Mom is easily confused so until I will not accuse anyone of wrong-doing.

Bank records are not adding up. I have my mom's net worth from savings/checking accounts prior to bro having himself involved in her finances.

Here's what I have. Bro closed her savings and checking accounts and opened new ones with his name on them. A few months later a 40K insurance check was deposited into one of her accounts.

This account was drained over time by electronic transfers, personal checks, and withdrawals (i am guessing bro was trying to hide money from Gov?). Some of this money was going directly into bros checking account and some into mom's other account. Mom was told she needed to keep her finances low.

When mom complained about not having money in her account bro put the money back into her opened account but was 40K short (appr insurance check amount). When Sis asked Bro about this he said he never knew the insurance check was deposited. I didn't notice either until I reviewed all records so maybe mom put it in without telling him.

There is a second issue that has occurred. Since the time bro put the money back suspicious withdrawal transactions were being performed over a number of months. Mom denies making most of these withdrawals and I know she didn't need the money. Maybe she is confused and was taking the money out and hiding it or maybe someone else has coerced her into taking the money out.

According to Mom she eventually spoke with a bank branch officer and they said it appears suspicious and suggested she open an investigation. I am planning to speak with the branch manager myself to find what their practices are for withdrawaling money or what my options are for following up on these transactions. Maybe a teller has some insight on this also.

I will not be able to get to that bank for a few days. I really hope this is all an honest mistake. Mom may have pulled the money and is hiding it somewhere too. I believe we will have answers I'm just not sure when.
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Ok, I must have missed reading that detail. Thanks for pointing it out.
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CroweM - majority 50k 2016; but apparently some 2017 as well.
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How many years ago did your brother take this money and when did he stop?
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I guess I'll let inform of the the potential consequences of his actions in regards to "look-back". My appointment with the attorney is next week. Maybe it's best to let this soak in a few days before making any decisions.
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Maybe you should ask him about the money in a neutral, "I'm sure you didn't realize it but..." kind of way, allowing him to save face and pay up? Of course you'll be watching him like a hawk from now on but perhaps there's a way to capitalize on the fact that most people think of themselves as "good people", not thieves who would rob their own mother, etc. Then if that doesn't work, bring out the big guns. Good luck!
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I think you mean a certified letter.

Perhaps your brother thought he knew what he was doing, based on " I heard that" advice. He wouldn't be the first person who tried to avoid paying for qualified legal advice.

Good brothers are a rare commodity. If you can reach out and set him straight, try to do that.
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After speaking with multiple banks today it is clear at least some of the monies and withdrawal slips were likely forged/embezzled.

I think my brother's initial intentions were to pull small amounts to not trigger suspicion and hide money for whatever reason. There were also a number of times where money was clearly spent without mom's approval.

Mom says she would be happy to get half back and she is going to call him and ask him herself. This won't help with the medicaid issue.

I would just like to send him a notified letter stating he either returns all of the money or to expect a subpeona to court. I don't care if I ever have a relationship with him again but I also don't want him to get in trouble legally. this sucks
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Sharon - just make sure you do not let yourself get legally entangled in the looming Medicaid transfer penalty clusterF. I’ve been on this site for about 6 years now and over & over it comes up that dpoa views parents assets as theirs and clueless as to what dpoa fiduciary duty is. For a long time, I felt that SS “Representative Payee” program was just overreacting by SS, but not so anymore. After the “how do I get paid” to caregive as question #1, it’s “my brother / sister took parents $” question as a close second on this site for financial issues. 
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