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Let's put it this way. Even if he thinks he doesn't "have" to, he'd be smart to do so. He may think nothing will ever happen but he's going to be in for a shock IF anyone ever questions him and he doesn't have any paperwork to back up his claims. He may "win" in the long run, but he'll have to fork over plenty of money to a lawyer to defend himself. Speaking from experience (not over money record keeping) it cost me plenty to defend myself for other reasons against my own mother. I came out fine but not my wallet!!!!
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Find the local Office For The Aging. Express ALL your concerns mentioned above to them. Your brother CAN NOT just do whatever he damn well pleases with her well being OR her money. He'd better straighten up and fly right before he ends up needing a lawyer himself to avoid jail. Best of luck to grandma and you. http://www.ncea.aoa.gov/ncearoot/Main_Site/index.aspx
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http://chfs.ky.gov/dail/ and also http://www.kyelderlaw.com/
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I have had durable power of attorney for my Mother since 1992. It was after her illness in 2006, I utilized my authority granted to me. I cared for Mother 4.7 years 24/7, that was a very long time without help. Would I have been extended the right to charge a reasonable fee for caretaking? Say $10 an hour 8 hrs. a day. Although I was 24/7. Very exhausted.
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You are right, msdaizy, it is wise for any POA to keep good records of the financial transactions. But the POA does not have to share those records with any relatives.
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If the grandmother is placed into a nursing facility then the state will and can look at bank records of the past 5 years. If they see monies being taken out for any reason they will question it? He may have to account for it. If I were him I would keep reciepts or logs of what the money is being used for. There is always a chance that someone will ask for it?
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It is correct. Persons with POA need to act in the best interests of their loved one, but they are not required to answer questions about their actions to anyone who asks.
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He should only be spending the money in her checking account for her care. I don't think he is required to like someone who has guardianship would have to, but he should be willing to account for the money in her account. I assume that the account is in her name only.
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