Can a POA take what they want for themselves from the person's personal property for whom they are POA?


The woman who has my mother in laws POA is also her daughter and her executor of the will. It was done privately with a lawyer but not listed through courthouse.
My mother in law is in a nursing home with Alzheimer's. And now the daughter with the POA is planning on taking things from my mother in law's house and property for her self. My mother in law had always insisted (for many years) every thing be sold and money split between her children. She always said if you want it buy it from the auction where it is all being sold at. Mother in law is in nursing home and hasn't been able to make her own decisions for years, there has been many things the POA has done that we think was wrong financially that has benefitted her not her mother. What is legal? What can be done to hold the POA accountable?

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how many siblings altogether? they should all force her to a family meeting. sounds like shes having a power trip. has she always been like that?
shes acting like being POA entitles her to monetary items. because mom said so? yeah my mom would offer money too if she was asked. but things are so different now than 5 or 10 years ago.

is she trying to clean out the home and sell it? does she know all the income received belongs in mother accounts?

she needs a good talking to. but don't get into a screaming match. she needs to understand that moms belongings should be split equally. I don't know about having her belongings go thru a auction. but whether I get along with my sister or not - I try to be fair and EQUAL. being POA doesn't mean I GET EVERYTHING.

and if I did that. believe me id hear about it.

so I hope you can get together with all siblings and make a plan. ask her WHY she thinks she should benefit and not anyone else??
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Reply to wally003

My husband is very upset, we talked to a lawyer who said it will cost $$ to petition the court and the court could leave her in charge but with over sight. He gets mad and blows up I do the leg work to get answers.
The problem is she feels like she can do what she wants and beings she is the POA she has the right to. She tells the other family members about her plans that's how we know. Her usual answer is mom said, but mom hasnt been in her right mind for years and this most resent tirade of planning on taking is since mom has been put in nursing home. Mom couldnt years ago make a sane decision and now she really is bad. Its just a big fight between the kids at this point. It doesn't seem to register with sister in law that what she is doing and planning is wrong.
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Reply to annetteylee43

Where is your husband in all this? Does he agree with your suspicions that his sister is taking their mom’s things? How do you know what Sister is planning to do? People who steal don’t usually tell others what they’re doing. Your husband needs to find out what’s going on and decide what to do since it’s his mother and his sister.
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Reply to Ahmijoy

annetteylee43, what you have described is theft and a POA document doesn't make it legal. But you may not be privy to other documents or agreements that may allow what is happening. If the family situation is such that you are not able to find out more about what is happening, then you can call the adult protective service (APS) in your MIL's area to report what you suspect. APS has the authority to thoroughly investigate and determine if the person with POA should be prosecuted and whether restitution to your MIL should be made. Best wishes.
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Reply to bicycler

so you are married to the son? ?
doesn't he have a key to his mothers house?
does he confront his sister?

once my mom and dad went to assisted sister and I went thru mom and dads things and agreed between the two of us ....where and what and to whom.(I am POA)
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Reply to wally003