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He knows my mom will run out of money. My brother was in jail for stealing money from a friend (great guy, right). Now that he has a record, and has been out of work for over 7 years in 55+ he is not considered employable. The only job he can get is kitchen help and he feels he is above this type of work.

For the past 7 years, my mother has given my brother $1,000 - $2,000 per month so he can live in a motel. My brother is a "born again" Christian and is constantly telling my mother that my sister and I are not real Christians. I believe is to manipulate her.

My brother also drives my mothers $30,000 car (she can no longer drive) and places himself in questionable circumstances.

My mother's lawyer, financial advisor, sister and me have told my mother that she will run out of money if she continues giving this money to my brother. The same has been told to my brother but he continues taking his monthly paychecks from my mother.

My brother is not my mother's caregiver, is not POA and until recently has not been named on any of her bank/investment accounts.

In the last 30 days, my brother has taken my mother to her bank to have a new account opened (her prior account had my sister's name on the account which I supported). She only needed new checks so not sure how the new account happened.

My sister is the Financial POA and I am the medical POA.

I feel like this is Elder Abuse - my brother knows that my mother may not have money to live on before long. Due to his financial and job issues, he will not be able to take care of her once the money runs out.

My mother is confused about why financial events occur when my brother is involved but knows what occurs when my sister and I help her with finances.

If I go down a legal path in attempts to help my mother and she finds out, she will never speak to me again. I can be OK with that as long as she retains all of her money OR spends her money on herself.

Is there anything I can do beyond reporting Elder Financial Abuse with authorities? Can someone with FInancial POA prevent my brother from "helping" my mother with ANY financial matter?

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if your sister is the financial poa, she can stop him, have her handle all the finances, take the checkbooks and savings books away from your mother and let your sister handle the fiances, then the brother will have no choice but to get a job
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There are a lot of facts we don't know here, but some truths are apparent:

1) In the US, competent adults are entitled to make their own decisions, even silly, dangerous, or self-destructive decisions. This is so fundamental to our national belief system it is very hard to overcome.
2) Closing accounts that the brother has access to and opening a new one is so obvious and so simple, that the fact the lawyer doesn't suggest it indicates to me that it is illegal under the circumstances -- that is, unless Mother is willing to have this done, or unless Mother is declared by a judge to be incompetent and in need of protection.
3) Mother wants to help her son. Of course she does. We could speculate all day whether she is enabling him to make bad decisions or whether she is preventing him from making even worse decisions. She wants to help and she is doing it in the only ways she can think of.

Given these three facts, it would seem to me that figuring out ways to help Brother for less money than Mother is spending on him now would be a good solution. But depending on the family dynamics it might be an extremely tough solution to implement. Mother won't live forever, and then what will Brother do? Helping him to start doing it now would be a step in the right direction for everyone.

HateElderAbuse, if you have the strength and the perseverance to help Brother get hooked up to the professional help he needs and to stick with it. you may be doing your mother a great service. That is really expecting a lot of you, and it isn't within your job description as POA.
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Capacity is the key. If your mother has lost the mental capacity to understand the implications of her decisions, that's the point at which she is no longer competent. You and your sister - your sister in the case of finances - have a duty now to implement your respective POAs; you haven't any choice.

Having said that, I'm interested in this point that "she will run out of money." Is that certainly, numerically, true? Because another duty you have in exercising your POA is to execute what you know your mother's wishes are, irrespective of whether you like them or not; and if the reality, once you've added up, is that $1,000 here or there is not going to make a significant difference, then your sister ought to continue to pay your ne'er-do-well brother if she wants to do the job properly. The point being that any exasperation with or resentment of your brother's freeloading you feel doesn't enter into it; all that matters is whether your mother can actually afford it.

I sympathise with your strong preference for all of your mother's money to be spent exclusively on her. But suppose, for example, she would in earlier years rather have bought her son a holiday (or bail him) than get herself a new car: then you must assume that her priorities are different from yours. Be careful. Try to set aside your dislike of your brother, because it clearly is not part of your mother's thinking; and that is what you must do your best to respect, within the constraints of her budget.
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Sorry for the interrupted answer above...Mom can give away her money as gifts. That is not countable income for the son as far as federal income taxes. Don't waste the effort trying to get the IRS to punish the brother. It's not taxable income to him, it's chump change to the IRS, and will come to nothing. (I am retired from IRS.). IMO a financial POA should be concerned about the money situation if mom doesn't understand what happened at the bank. Is mom still competent or not?
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There is more to this situation than what is written so far. Red flag: why would the bank open a new account without checking with the financial POA? Are they aware that someone has that designation? Mom's $'s are to be used for her keep and welfare. If brother is receiving more than $14,000 a year as a "gift" he needs to report the overage. Being a "born again Christian" makes him more accountable in God's eyes and it's guys like him taking advantage of Mom, who give others a black eye. You need Adult Protective Services and a good Elder Attorney to step in. Also the "man financial person" is a good idea, but make sure he is not known to your brother. What a world we live in when all this kind of stuff happens and seemingly there is no way to stop it! Blessings and hugs for caring about your Mom.
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The answer seems simple if you take away the emotions and the right vs wrong aspect of it. Whatever account mom uses to give son his check, close it out and open another one that only the POA has control over. Transfer the funds from the first account to the new account and like someone said, sonny boy can bounce checks from here to Timbuktu.

Cut off the supply.
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Your Mom can open any account she wants as long as she can walk in to the bank, show her ID and sign her name. She may add anyone to this or any other account she has at that bank. Your sister, the Financial POA, needs to take control of the money, now. If she doesn't understand how important it is to qualify for Medicaid and your brother doesn't care, As the Financial POA you do have the right and the responsibility to officiously override your older parent's or brothers known, impracticable wishes. Your job is to take care of your Mom financially and make sure she will qualify for Medicaid in the future. Here is what I did, first I went down to the local Police Department and talk to a couple of detectives, They said I could press charges if I wanted to but recommended I let them go talk to him and warn him he is breaking Elder Protection Laws and if they get another report he will be arrested. Ask them not to tell him who made the complaint. Here is what I did to get control of the money, as the Financial POA I walked into that same bank with my POA and open a account for your Mom and I. Next I transferred all the money out of the account in question except a couple of hundred and had all automatic deposits go into the new account, now I opened an online account for my Mom before anyone else could so I can transfer money into Moms account as she needs it and the balance is protected from anyone that gets her banking information. This a good idea even if you don't have a problem, If your Mom used her card at Target the hackers would only have access to what ever is left in that account after her shopping trip is taken out. Now work something out with your brother, if your mom owns a house there is plenty to do to keep the house clean and safe. To avoid tax problems have your brother go down to a local temp agency and signup, have him explain your Moms POA is going to call and setup an account and she is going to want you to do the work for your mom. They will cover him on Workmen's Comp insurance and take out all payroll taxes and give him a check. You can call in hours as the work gets done and your Mom will get tax deductions for some of these services. Make sure your Mom's homeowners insurance covers domestic help. Good Luck Gary.
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In California I did not have to go before a judge to have my mother declared incompetent. My mother has dementia, does your mother have any mental decline or memory issues that have been diagnosed by a doctor as dementia or Alzheimer's etc.?

I stepped in and stopped my sister from robbing my mother blind and Mom from giving her money to every person who called on the phone or hit the door. Sometimes you have to STOP them from inadvertently harming themselves. Why is POA sister sitting there and not doing something, this MUST come to an end. Call Social Services and Elder Attorney call whomever you must to be able to find out if this is elder abuse and do you have a legal leg to stand on.

If I was POA sister I would gather my paperwork and march myself down to the bank and introduce myself and present papers and Mom's POA and let them know that she will be taking over ALL OF MOM'S FINANCIAL MATTERS DUE TO ELDER ABUSE OR MEMORY ISSUES. All bank accounts would be changed and brothers name removed. POA should then have a heart to heart with you and brother and tell him that as of this very moment, he is cut off from his windfall. If Mom can't drive and wants brother to have the car make sure it is signed over to him to get it out of Mom's name and legal responsibility.....He may need a place to live!

Brother knows he can manipulate Mom and he does it well. Mom may be upset, mine was, but honestly I don't give a crap, I did what I did to try and save her from herself and I would do it again!

If you try to go the route of Guardianship, it is expensive, time consuming and you have to have doctors willing to sign papers stating she is incompetent. Taking over as POA is easier. I would make sure I have already done everything that needs to be done before I ever mention it to brother and get all the checkbooks and get them out before even telling Mom. You mother will be angry but you have to realize you are trying to help HER!

Do you realized that if brother spends all her money or if she becomes horribly ill tomorrow and has to go into a nursing home, you could not even get the help of Medicaid because you brother is spending her money. There is a 5 year look back and they are going to want to know where all this money has gone and they will not touch her with a ten foot pole due to the squandering of her money.

Unless you and POA Sis are wealthy and can pay for Mom's care, you better stop it now! I did and although it has been hard at times I know I did for her benefit and not allowed sister to use Mom's money as her personal bank account.

Don't be surprised if brother doesn't try to get Mom to sign papers making him POA. If Mom has dementia or Alzheimer's legally she cannot change her POA as she in not considered mentally competent.
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Unless your mother can be declared legally incompetent by a Judge, she can fritter away her money any way she wants. Yes the money will be gone, and Medicaid will not help her because she gifted her resources away. She will end up in the county home for the indigent.
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"Her money" - well said, Braida.

Our problem with this is that we don't actually know what the financial situation is. If the mother is running out of funds to the extent that it will soon have a significant impact on her ability to support herself, the brother can't be paid any more. If it would have some but not a severe impact, the POA has to decide whether the mother in her right mind would be prepared to make the required sacrifice; she could, for example, make the economies Braida suggests, or just reduce the brother's allowance. If in fact the mother's funds won't be depleted unless or until a hypothetical situation arises in the distant future, then there is no valid reason for changing the mother's habitual practice. The reality could be anywhere in this range, and it's the poor old POA who has to make the right call in the end. We shouldn't pretend it's easy.
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