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Mom (85) with memory loss. She is safe in senior living where they do the cooking, cleaning etc. She no longer drives. Things seem good where she is and she loves it there. Only the one brother takes all her social security checks from her checking and now is talking her into only 25 thousand from her investments. I have tried to talk to the bank since I am the POA and also listed as her agent on the acct. No luck! They say she is the client and it's her money to give as she wants. She lives in CA and I live in HI. All the other siblings have moved from CA too. Only the one who lives there in town takes her directly to the bank and gets withdrawals. She can't even remember doing it. Frustrating!

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As POA I would get on a plane ,go to the bank, close out that acct, set up a trust acct., set up an account for her SS that you have access to and leave the dead beat bro with no way to continue ripping off your Mom. Just say'in.
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It may require a trip to California. When is the last time you were there? And I would not tell anybody you are going. Visit all of Mom's financial institutions armed with the POA. If it is a springing POA make sure you have taken Mom to the doctor first. Spring POA's require that there be incapacity before the documemt goes into effect.

Once you have the letters if the POA is spring you can visit the financial instututions and close the old accounts and open new ones that your brother does not have access to.
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Sounds like a set up for disaster if your mother ever needs to apply for medicaid because of people taking out her money which will look to medicaid like gifts. Also, it is not legal for that one brother who is taking all of her social security checks money out of the bank. I don't think contacting APS for your mother dose not have the mind to realize what is going on or that she should be pressing charges. The only thing I can think of is guardianship, but she must have two doctors who evaluate her and say that she is not competent who will testify in court and the whole things costs $5,000. Maybe some others have better ideas. I'm sorry that you two live so far apart!
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oh I could write volumes on what I experienced as a caregiver.One family sat in the room waiting for their mother to die,wiping out her accounts, ordering out for food,and asking when she was going to die exactly because they had plans..playing cards, ...pretty selfish and disrespectful...may require a trip and an elder lawyer...first talk to your brother,explain the consequences and then act....as for the lady that was dying..she managed to survive a month thus requiring her family yo put all the money back into her accounts and canceling their plans...I could go on and an but you get the drift..you may have to take legal action..good luck and God bless...don't worry "what goes around comes around"..that family had to face the consequences...legally..
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I would talk with your brother and rationally explain the consequences to him. Explain that what he is doing is considered undue influence and could have long term consequences making your mother ineligible for medicad. If that does not work have a talk with your siblings and have each of them talk with him stating if it does not end you will call APS and then it will be in the hands of the law. Being a POA from a distance is hard. As POA I think you should be able to exercise for influence over the bank is the documents are written correctly. You say that your brother is taking far more than the $5000 that it will cost to protect your mom. As POA you are required to legally protect your mom. If you are POA and this is happening under your watch you are legally responsible in most states to take action. It is a personal conflict to call the authorities on your brother but it is a legal situation for you if you allow this to continue. If you can't stop the situation with your rights as POA you need to pursue guardianship.
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When I was going through the same situation, my lawyer told me that with a POA I have the power to stop a family member from bullying my mother into giving him money. I would definitely check with an attorney on what type of POA you have and what does that mean in CA. If you can legally, I would definitely close the account and set up a new one for SS that you control, perhaps sending her an allowance and paying the facility. Guardianship is tricky, as I tried to go through the process myself. If your brother contests, it may get really expensive and end up nowhere.
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Pita2u, check to see if there is a Legal Aid office in your area, said group is available for those who cannot afford an attorney.
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I always find it comical when people suggest to talk with someone who is immoral & rationally explain the consequences. Don't waste your time trying to talk rationally to your brother. This would be like explaining logic to a loony. If he thought there would be consequences then he'd stop.
I would suggest looking into the banks actions. They will understand logic. Ask for a copy of every document regarding your moms account you are able to see & make sure they are following the law at the federal & state level. Be sure to ask a manager for these things not some who-ever you get on the phone. Tell them you are going to file a complaint with the the FTC & any other government financial & banking oversight organizations you can find online. That should turn the tide.
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Banks will hardly ever do anything for an out of state POA. For the protection of their client they cannot close or add co-owners or beneficiaries simply if someone who claims to be a POA calls them on the phone. You must physically both be present in the bank. They will have lots of papers for both of you to sign. If I were you, I would go to CA and bring my mom in and close those accounts. Open new accounts at a separate entity--perhaps 1st Bank of Hawaii. Have all staements electronic and instruct NH to not allow brother access to mom's financial records. You MUST do this as your mom's POA.
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If you are your mother's POA, maybe you need to consider Guardianship, and be appointed as your mother's designated representative for Social Security. Then you can have the funds deposited into an account you control exclusively, fir your mother. Banks should not be ignoring POAs...i would close those accounts immediately and get a lawyer to help me. It sounds like your mother is no longer competent to handle financial matters. I would also instruct brother to STOP or face legal action to repay any funds he receives. I would report any exploitation concerns to Adult Protective Services. Let them investigate. The bank can be made to cover your mothers losses if they had reason to believe she was no longer capable of managing her account by virtue of your timely notification. Remember, all POAs expire when the person who gave it dies. You need authority that survives her death. You also need to be named executor if she still is competent to execute a will. If not, a court will decide that when the time comes...make sure you are getting her statements etc. SSA is a start, to preserve at least those funds from misuse!
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