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Abby, what's the age range of brother's children?

I'm wondering how afraid your parents might be of jeopardising their relationship with these grandchildren if they don't keep the harem sweet through these subsidies.

There are two ways round to look at this: as your parents' bribing their DILs, or as the DILs blackmailing your parents, or maybe a bit of both, or - most likely - none of the parties intends anything of the kind but it just sort of emerges from circumstances.

Trouble is, your parents are going to need that money. Hmmmmm.
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Abby2018 Mar 2019
My brothers children are 25 and 16. His first divorce was nasty and the children suffered because of it. I understand my parents willingness to step in to do as much as possible for them.....especially the youngest. The money is held in trust.....but not irrevocable. Was recently transferred from a money market account to a short term CD. My name is also on the account....they don’t trust my brother to have access.
I doubt DIL is bribing for the subsidies.....but rather my brother. He claims he can’t afford his child support so my parents step in.....but regardless, for Medicaid lookback I’m afraid there might be ramifications.
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Abby, I was thinking about all the money that was gifted out, and the issue with Federal Income Tax reporting regarding gift taxes. Not everyone realizes that giving a gift of money to one individual there is a limit each year, and anything over that limit, they need to file a Gift Tax form.....

.... this is something you may want to say in passing to your parents so maybe they will think twice the next time your brother thinks your parents are his personal ATM machine.
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Abby2018 Mar 2019
Never thought of that....thank you for the advice.
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Hi. I have sent you a private message in regards on how to be in charge of the money. Go to your profile page. It works. I have done it
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No advice. Just support to you & your sister. I am so sorry to read this.
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Abby2018 Mar 2019
Thank you for the much needed support...it means a lot :)
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Abby

Some banks will accept your DPOA and some won’t.

We’ve had a few posters who really had a hard time with this with certain banks. It seems the bank has their own form they wanted signed and parents not able to sign.

Some posters have opened online accounts in order to pay their parents bills when the parents were incapacitated in one way or another. This didn’t require the parent to be involved and your DPOA may give you authority. You need to read it.

The simplest thing would be to take dad to the bank and have him put your name on the account. The simplest but maybe not the easiest.
Dad may not be willing to act without your mom’s approval. When there has been an event like your mom’s hip surgery, a parent can see the need to have things in order. It’s a good time ( aside from the secrets) to dust off the DPOA and give it a good read.

Also, please know that depending on your parents competency status, your parents can change their POA.

Its not unheard of for another sibling to get a parent to change the DPOA. So if mom gets upset and calls out for brother, there is that to consider.

You might want to seek the counsel of a NAELA or CELA certified elder attorney to guide you through this. A long trusted family attorney may or may not know what it takes to protect your parents access to Medicaid should that ever be an issue.

Who is the executor of their wills?
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Abby2018 Mar 2019
I am the executor.....they both know my brother would never be reliable enough to execute the necessary steps needed for this task. I doubt they would ever make my brother POA.....they would be rendered destitute. Mom has moderate dementia.
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Oy vey, Abby.

Right. What it sounds like is that you have two prickly private parents. I don't argue with their wish for privacy, that's fine as far as it goes. But it stops being fine when they then require you to take responsibility.

They cannot have it both ways. To do what THEY are asking you to do, i.e. to support and as far as possible act on their wishes, in their best interests, you also have to be trusted with complete information.

I too would love to bestow blessings without limit on my descendants. Who wouldn't? But the time is coming when everything has to be laid out, thought through, and organised; so that their resources are matched as far as possible to their own priorities.

Forum members are very good at suggesting what species of professional you might like to get on board to help with the various aspects of planning, so I hope someone will come along and tell you where to look. Don't forget: you don't need your parents' permission to take advice.
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Abby2018 Mar 2019
Ahh...Countrymouse....thanks again for your suggestions.....you have an abundance of wisdom : )
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Springing... um, hang on.

It is a form of power of attorney that lies in wait in your filing cabinet until your parent loses his marbles, to use the technical term, at which point it springs - or rather you spring - into action. It is Durable in the sense that its authority continues after the time when the principal has lost the ability to create a power of attorney.

Over here they're called Lasting, and used to be called Enduring, POAs; but they work the same way. What seems to vary from jurisdiction to jurisdiction is what you have to do to put the thing into operation when you judge it's become necessary. Your family lawyer, or whoever helped set up your POA, should be able to tell you.
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Quick point: "...Both financial and health DPOA. I would like to set up their checking account electronically to monitor their expenses."

You can do this with your parents' consent very easily, and if you put it to them tactfully why wouldn't they agree? Without it, it's a no. DPOA does not overrule your parents' instructions unless/til they are legally incompetent; and if it's a "springing" one not until it's "sprung." Get some leaflets and show them how it works, I should - no reason it should trouble them.

As long as you do mean "monitor." Of course. Not "control."
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Abby2018 Mar 2019
No desire to “control” anything. I would probably get resistance since I still feel they are being underhanded to some degree. I do know they pay my ex SIL a stipend for expenditures incurred by my nephew on a monthly basis because brother can’t afford his obligations. Have no idea how much. In addition I found a check made out to my current SIL’s son for $2000. So the bleed continues. In addition they do not have a computer, just wondering how I could convince them to go electronically. Please explain a springing POA....not familiar with that term. Thanks.
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NUTS to how your mother sees it! You and your sister decide what you are jointly and individually prepared to contribute to your mother's care. How your mother sees it is neither here nor there when you and your sister are reckoning up what you can and can't offer.

Your mother is entitled to have her own opinion and her own wishes about how her own life runs. What she is not entitled to do is decide what you and your sister do.

So: if maintaining them in their home becomes too much for the two of you to manage within your own comfort zones, your parents will have to accept and pay for additional services. If that becomes financially impractical, they will then have to move on to other options. But at no time will either of them be entitled to impose their wishes on you two in a way that forces you to make sacrifices you do not choose to make.

It's that key dividing line that's the issue: what decisions are whose to make.

As to brother - if gifting becomes a question you'll have to confront him about it. That grandchildren's trust needs a good hard look. But apart from clear cut points like this, what is there to gain from giving him much thought?
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Abby2018 Mar 2019
Agree totally....you are most helpful with your answers. Appreciate your input. Thank you!
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Just to add insult to injury--

Mother had told me over and over to go ahead and read her will, I could not have cared less, since she has literally nothing, thanks to OB ripping her off.

One day I was at her place to pick her up for something and I had about an hour to wait, so I thought "fine, I'll read the will."

Boring as all get out, BUT even tho OB had stolen from her and daddy for years, he still stood to inherit 1/6th of the "estate". Whatever. THEN I find a handwritten paper and written on it is the statement "B owes the trust $1500. R owes the trust $6000". Bear in mind that R almost LOST HIS HOME b/c of the expenses incurred that dad and mother should have paid for the addition--and I have no clue WHAT I did that makes them think I owe them $1500.

I don't think R knows about this and I am not going to tell him.

Called my son (an attorney) and he let me know this is not legal, so it doesn't stand, and it's what they call, for lack of better wording is a posthumous "FU". VERY hurtful and mean. All I have ever done is take care of my folks--and when dad was in Hospice, I was the only sib, along with YB who even helped out.

Yeah--families and money. What a mess.

I can't help but feel mother wanted me to see that "document" and then argue with her about it. I felt like writing a check for $1500 and attaching it to the paper, and someday maybe I will.

If YB knew this existed, tho it's not legal----he'd lose his mind.

People need to think ahead and realize that sometimes their whole lives "remembrances" will come down to a sad feeling that you were not good enough for them. I'll never know what I did to incur the debt. I DO know I have paid out far more than that towards her care over 22 years.
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Abby2018 Mar 2019
Sorry to hear ..... I wonder how parents would feel if this were done in reverse. Probably much the same as us.....but either they don’t believe in or respect Karma. Ironically my mom always says “what goes around, comes around”. I think she thinks she’s excluded because she doesn’t grasp the harm she’s caused. Hard to realize now at the end of their lives they will be unable to repair the damage done...an not just in monetary terms..... that is the least of it.
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So Abby, your MOTHER may not view it through that lens, but....

What about YOUR lens? Does YOUR lens matter here? Have you ever told your mom "No, I can't possibly do that."?

It's called setting boundaries. It's healthy for everyone.
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Abby2018 Mar 2019
Thank you for that :)
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Oh well, just a thought. She probably will be more mobile than before, if the surgery went well. Unless she breaks her other hip ho ho ho - God forbid, but you can't help sometimes wishing that something would slow 'em down a bit.

HOW they chose to help their individual children in the past it is not your business to criticise.

What has happened, though, the facts and realities, ARE your business on a need-to-know basis. In order to fulfil the responsibilities they asked you to shoulder when they gave you POA, you have to be in possession of accurate information. They didn't tell you about all this when it happened because a) you'd be upset b) you'd try to stop them and/or c) you'd demand the same. Well, now you do know. But that doesn't mean you have to react in exactly the way they feared you would.

Manifestly unequal treatment, such as has taken place, is such a thorny issue. Your parents didn't give you the financial support they have given your brother and now his children (I would certainly want a closer look at that); but then you, presumably, were not a walking disaster area. There may be blessings you and your sister can count that far outweigh anything your parents could have done to rescue you after you'd crashed and burned. Twice. And again.

What professional financial advice are they taking now about how to manage the rest of their retirement years and their care? They've made wills, have they?
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Abby2018 Mar 2019
Wills supposedly in place....but should probably be updated. It’s been a long while ago. No professional advise....the last time they got that was when they took our ( all siblings) names off the deed and put it back in their own names. They were concerned that ex SIL would try to get part of the inheritance since his name was on it. Didn’t trust either me or my sister to just have it in our names. It was five years ago this past February which would qualify for the look back and secure the asset.
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Well, Abby, only you and your sister can decide whether or not you will continue to be taken advantage of. That's what I think is happening.

Why not let your brother and his wife do the caregiving?
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Abby2018 Mar 2019
I only wish....he wouldn’t pay back the money ( he doesn’t have any) and would expect to be paid for services rendered. And yes, we are allowing ourselves to be taken advantage of......but my mother would never view it from that lens.
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You have a choice here, Abby.

You do not HAVE to care for your mentally ill mother in her home. You can talk to the discharge planning people and tell them that there is no one but your poor old dad to care for mom at home and THAT clearly is NOT enough care.

You do not have to give up your life to care for your mom in her home. Look, I loved my mom, she wasn't mentally ill and didn't distribute funds unfairly to my siblings. There is still no way on earth that I would have abandoned my life to move in with her and provide hands one care. Because it wouldn't have been good enough care. She needed and deserved professional care.

Think this out carefully.
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Abby2018 Mar 2019
No way, no how moving in. My dad will still bear the brunt of the burden with her and we all know how this will play out. I’m only available half days on Mondays and Fridays and stop in on Tuesday and Thursday to check in after dropping off my granddaughter. My sister picks up the slack in between since she lives minutes from them. This is not the best case scenario by any stretch but clearly this is what they want.
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Well, I don't know if it is favoritism or just brother told a hard luck story with tears...
that's what happened with me. My brother gave my dad the "oh poor me they did this to me, they won't give me this, I can't afford that," however he had enough money to eat out three times a day, drive a massive jeep everyday, go see his friends daily, have a great computer, cell phone, and notebook, travel to see his kids... yet living under my dads roof he couldn't pay rent or actually 1/3 of the bills which he rang up. So when I got hold of the mess... I said money or out... he gave me the poor me story and I gave him information regarding low income housing... food stamps... etc... 2 years of trying to help him... found out he threw away the information I had printed out for him, he contacted no one. He didn't try to help himself. Well long story longer... I threatened eviction and the sheriff and wow... gone in 10 days... interesting... obviously hasn't talked to me since. (I know he's fine through my Niece)
As far as getting the money back you can kiss it goodbye... however you can try the Mom and Dad are no longer financially secure and will need all of us to chip in and pay bills/care/facility. Your part is $X amount. We are all paying. You could get it, you could not.
blessings
hgnhgn
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Abby2018 Mar 2019
Oh my brother is the classic “woe is me” actor. Always someone else to be blamed for his problems. Ex wives, superiors at work, you name it. I truly do believe he manipulates my parents, but they are grown adults and remain the responsible party for their actions. I can’t allow myself to be a doormat without infringing on my own happiness. Right now I’m considering my options and playing it day to day until I make my decision.....thanks for your response and support :)
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I was just thinking; if she likes it there and she's nicely taken care of, what about spinning out her stay in the convalescent wing for a little longer. Being waited on by helpful, friendly staff might be something she decides she could get used to :)
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Abby2018 Mar 2019
Ha! Not on your life...or mine. She’s been itching to go home since she got there 10 days ago. She thinks she will be more mobile than when she went in for surgery to repair the hip. I’m just hoping she will have to stay for the allotted 28 days. She does get good care....but she doesn’t like it :(
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H'm. How nice is the rehab place she's in? And is it attached to a more extensive facility? How long do you expect her to be there?
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Abby2018 Mar 2019
She should be there for another week.....the care is very good, but the place needs a serious facelift. It is both a rehab facility and a convalescent home.
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"Since my mom broke her hip and is in assisted living my dad wants to pare down the house..." then you say "They have enough in savings where they could move to AL, but mom remains adamant to stay in place..." I'm confused. Is your mom in AL or not?

If your dad wants to pare down the house then help your dad do that and then figure out what he wants to do next. Does he want to sell the house and move to AL?

You have POA but that does NOT entitle you to decide how he spends *his* money. What you are entitled to is deciding what you will do for your parents and what you will not do for your parents in terms of caregiving.

You also are under no obligation to enable your parents with free caregiving services so that they can "save" their money and give their children equal inheritances.
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Abby2018 Mar 2019
Sorry ... meant to say SN/Rehab.....I would be confused as well :) POA extends to finances also. Bizarre considering the circumstances, but since I’m the oldest and have integrity ( which brother lacks), they felt I would be trustworthy. Now knowing more than I cared to I understand the decision. He would bleed them dry.
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Abby2008

I spent a day fuming about your situation - it would really bother me. That being said - some thoughts.

1) Anything "gifted" over 5 years ago will not penalize your parents when they need Medicaid - assuming they will at some time for nursing home. Anything gifted WITHIN that time will result in a penalty period where Medicaid will not pay. How much money has been gifted in the past five years? Is there a way to recover that?

2) If you have financial POA - the tap needs to be shut off NOW!!! My sister is in a similar situation with her MIL - Responsible Son (my BIL), and two irresponsible sons who have been tapping into MIL retirement pension from teaching and who basically sucked up her $150K reverse mortgage. NOW she is 81 and needs nursing home care - which costs much more than her income. Because of her gifting - Medicaid will not pay for her nursing home for about 40 months. So...... she has the ground floor room at my sister's house and my sister and her SIL basically care for her 24/7. Of course other brothers are no where to be found AND they have started to mooch off my BIL who likes to look like the hero - and is now paying their car insurance, little nieces orthodontic care etc.

3) now you have to decide what you are willing to do - how much will resentment impact your caring for mom and dad? I'd recommend taking a hard look at what  you are still willing to do out of love. More than that - giving up significant amounts of time and any money - if it causes resentment to flare up - nix it. Your mom and dad will find other ways to get things done OR do the sensible thing finally and move. Why give up significant parts of your life if you will just be angry about it? Do what will make you  happy and you find rewarding.

Good luck to you
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Abby2018 Mar 2019
Thank you for the reply and your input to my options. I’m sure they have been giving them money over the past five years....since I have financial POA I will try to do my own look back and see exactly how dire this situation is. I fear I have just scratched the surface.
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Sorry, also this loose end:

"Brother is 49.....and the only one with a good retirement from working on the police force for 20 years before getting fired."

In terms of black-and-white figures, do you mean that your brother is now more financially secure than either you or your sister? How do your circumstances compare?
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Abby2018 Mar 2019
In a word yes. We were (husband and I) late in starting retirement funding due to the fact we always had large medical bills hanging over our heads due to my daughters chronic medical issues. Sixteen surgeries in the same amount of years takes it’s toll financially. Once we were on solid ground we lost most of our investments in 2008.... my husband was a realtor at the time so the rest is history. In addition my husband had open heart surgery in 2009. Back to square one. Fortunately we have always been frugal and owed no one. House paid for etc. We still remain debt free, but our savings is on the lean side to say the least.
My sister and her husband have a comfortable savings but will probably need to work until their 70’s.
My brothers retirement kicks when he is 55.
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Abby, just to clear up this little loose end - have you or your sister subsidised your parents with actual money?

[I know time is money, but it doesn't show on your bank statement. I'm asking just about the cash].
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Abby2018 Mar 2019
No....there is no need to at this juncture. They have enough in savings where they could move to AL, but mom remains adamant to stay in place so she does not have to part with her house full of “ treasures”. Their home simply is not ideal for their situation even though sister and I have done as much possible to try to make safe.
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Over how much time? And from when to when, roughly?

When you say you and your sister have been helping your parents to stay in their home, do you mean with hard currency? Or with practical and moral support?

With your mother's injury and your father's beginning to seek your help, there will soon come a time when proper financial planning needs to happen. At that point, there will need to be a summary of their financial history, and 200K is not something you can just stick under "miscellaneous" and politely skip over. But it is very important to focus on the facts that need to be known, and avoid getting into the emotions of the thing.

If there have been recent large gifts it could become a problem you will need to address with your brother together with your parents - because, basically, he'll have to give it back. But if it's all ancient history and a tale of your parents (my instincts say: your mother) being incredibly nice to the son they wanted to enjoy a lifestyle of the rich and famous... then you're entitled to draw your own conclusions and form your own opinions, but don't let it stand in the way of how you want things to go from here.

Would you like your brother to acknowledge that he has some explaining to do?
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Abby2018 Mar 2019
Good morning Countrymouse......I probably could trace this to when my brother bought his first home over 20 yrs. ago when we surmised they helped with down payment. No big deal. However when they moved up to the “big house” they gave him $130,000....70,000 (2008) for down payment along with various items mentioned in the note including a new SUV, house painting, etc. He got a divorce and my dad had tried to put a lien on the property, but ex wife’s attorney nixed that. On to second wife....my parents purchased an investment property ( single home) so he could live there rather than to rent an apartment (God forbid). He didn’t like the location or wife #2 for that matter. House #3 was purchased with $20,000 from my parents. When we found out and made an issue of this and they gave us each $10,000 claiming they didn’t give brother more than that. We know differently because we have a copy of the HUD statement and he was penniless at the time ( divorces are expensive). He soon lost his job because of alcohol related issues and my parents floated him for 2 years. Now we have wife #3 who raids my mom’s closet ( on the sly) and somehow convinced my parents last summer) to give her son $2000 ( also found in paperwork) So all of this happened within the last 11 years. In
addition they have a trust set up for each of his children in excess of $75,000. This was done when my mom received a substantial inheritance nine years ago. Other grandchildren received nothing.
My sister and I do all the caregiving and we don’t get paid. They should be in assisted living, but want to keep the money to be divided equally among us. They are delusional considering my mothers health issues and my dad is not in prime condition himself ( carotid artery disease and beginnings of Parkinson’s). I am 68 and my sister is 60. Brother is 49.....and the only one with a good retirement from working on the police force for 20 years before getting fired.
Looking back on this response I realize how incredibly blind I have been....and loving my parents is no reason to look away and not acknowledge the wrong that has been done. And did I mention he is verbally abusive to them both and is how my mother broke her hip to begin with?
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What a silly question. He is the male child. The one who will carry the family name into the future. The Golden Child and probably the most useless

Anyway. If you have POA does it include financial POA. If not get and if so use it

have cheques books and any withdrawals I two signatures. No ATM. Card

keep everthing to do with any money they gave to him or goods bought for him
make a spreadsheet containing all information like dates. Amounts receipts descriptions and such to produce when the will is read and request part if not all the money be deducted from his share

once the new banking arrangements are in place inform your brother he won’t be getting another dime
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Abby2018 Mar 2019
Great advice ....thank you!
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I should add that a relative of mine was in a somewhat situation, with a ne-er-do-well brother who had received very large sums over the years to keep him afloat, in a way that that was plain for all to see. My relative's husband insisted that the parents' will be changed to reflect the amounts the brother had already received, and it was.
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kdcm1011 Mar 2019
My friend’s parents did this — changed their wills to note that one daughter received her share over the years.
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Abby, in answer to your question in the title of your post, no, I personally have not found out a devastating secret in dealing with a parent's finances, but if I DID I would:

Ask a trusted friend, medical professional or clergy person TODAY for a referral to a skillful, compassionate therapist to begin meeting with me as soon as possible to help me work through my feelings of complete betrayal and profound hurt. If I had lived all my life thinking I had loving, kind parents and found out this wasn't the case, my world would be rocked, regardless of the dollar amount going to bro.

Determine with legal assistance if necessary what the gifting might mean for future care and what your parents' finances will cover.

Simply be unavailable for hands-on caregiving. Let bro and his wife do it. If I was in this situation and still felt that I and the other less favored child were somehow obligated to pretend nothing happened, stuff down our feelings, and look forward to all that elder caregiving can entail (browse this forum for the highlights), I would book more therapy.
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Abby2018 Mar 2019
Thank you for that....I think some therapy at this point would be helpful. Obviously with their age and medical conditions it is only downhill from here.
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Sorry to hear that. You sound like a kind woman, and realistic (damage has been done). You also know already that he was the favored one, just not realizing to that $$ degree. idk, there's many ways to handle it I'm sure, but the "most decent" way I can think of is to move forward - be "right" and take care of yourselves (for taking care of them) and your brother....I would exclude his right to any more of the finances. Maybe a simple, "sorry bro, but as I understand it, you've already received your share/inheritance (etc). the rest is to take care of mom & dad, and some for me and your sister for taking care of them. Maybe after they pass away there'll be something left to share." You're not going to change family dynamics at this point, and it's not going to help to retaliate. Your the POA? Good. I'd just make sure you are truly in control of finances from now on. If it's financially necessary to tell them, ok then do. If not, then I'd say no, unless there's that "right time" to make mention without a lot of fanfare about it. It does hurt, but only if you let it. They are who they are (& your bro) - be who you are. Don't let your emotions get the best of your brain. (btw that's what the couple I cared for did -1 son got his inheritance decades before the others. Found out in the paperwork and a letter. This son never let on that that is what his parents did). Hugs. God bless.
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Abby2018 Mar 2019
Thank you :)
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I know at least two mothers who had favorite kids (both boys, of course), that they spoiled. As soon as they could leave home, they both did, and never treated their moms nicely; one hasn't even called her in years, the other resented his mom's treatment of his brother, and told everyone so; he never liked or respected her; now he's dead, so never will. WHY do parents favor/enable certain kids? It never turns out well for anyone...
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Abby,
I’m so sorry. Times really haven’t changed that much have they?
Women are still treated as less valuable. The part about “don’t tell the girls” is especially painful.

I, for one, don’t think you did a thing wrong to go through the paperwork before you shredded it.
Anyone with any snap would have done so.

I am sure you won’t care for your parents any differently than before. You weren’t doing what you do for money. There isn’t enough. But it is painful to carry that I’m sure.

It’s confusing though that if there was a note not to tell the girls, who was the note to? If the note was to brother, why would it be in the parents papers? Whose hand writing was it in?

Now, since you are POA, did this happen before your time as POA? Have you taken control of the finances now to stop the bleeding? Maybe this happened many years ago? But if it happened on your watch you need to step up your game.

I, myself, would not stop caring for my parents. You don’t know all the circumstances. No. You weren’t trusted with thrm.

I would tell my brother to not back that truck or trucks up there one more time.
He has more than received his share. All property of any value is needed for their care. I’m sure he wouldn’t be hauling it away to be helpful.

And Abby, the reason you are POA is because they knew they couldn’t trust him.
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Abby2018 Mar 2019
Mom’s handwriting....I am assuming she practiced what she would say in either a card or another note and this was her example. She’s been known to do this since her spelling is poor and would want to make sure it was correct before sending or giving the final draft.
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My brothers always sponged off my parents. Bank of mom and dad was always open. Who took care of mom and dad, me! I am the one who worked two jobs when I needed to so I could avoid being like my brothers.

I am not bashing anyone who truly needs help to get over a hump. I’m talking about wasting money, being irresponsible. Always got under my skin.

Don't sign up for this unless you really want it. Take it from me. It’s a tough job! And it only gets harder.
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Why would you willingly put yourself in a situation that you know will cause the hurt to fester?

You need to start charging dad (he is as responsible for the gifts as her) and mommy dearest for your expenses on their behalf. Obviously they have some money or they could not have given your brother 200k.

Or did he take their entire retirement?

You will feel less resentful if helping them isn't costing you cold hard cash, just saying.
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