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Concerned there is elder financial abuse.

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If your brother is spending $60k on your mother and reimbursing himself for what he spends on her, then he is not benefiting. He is allowing her to pay her own way with her own money.
If she needs things that you are picking up for her, then you should work out how to get compensated with your brother. Just notify him of what she needs or send him the receipts for reimbursement.
Whatever works for both of you.

edit: I see by Rockets comment that I mixed up the posts. Sorry. I was reading Judy’s post about her brother that she left earlier and thought it was from the OP, Issues.
Sorry for the confusion.
Thanks Rocket
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rocketjcat Aug 2019
Why do you think this is the OPs brother?
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I don't get it either.
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Is the person who has POA also the hands-on caregiver by any chance? If so, what are their hours/responsibilities?
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Is this a family situation/squabble in which one member of the family has been asked to be the POA by a parent?
I am afraid we are needing a lot more information here.
Is there a contract that stipulates that the POA gets 60,000 per year?
Is this a Court Appointed POA of some kind?
Is the elder living with the POA?
How have you become aware of what the POA is being paid?
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From what I understand, it has to be written in the POA that the person assigned gets paid and how much. This person is taking 5k monthly, too much. Those that may inherit may want to ask for an accounting.
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worriedinCali Aug 2019
Those that may inherit aren’t entitled to an accounting until the person dies though.
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60k does sound like a lot, actually way too much.
How do you know this is occurring?
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Where are you getting this information from?
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60K sounds like a lot.

Is Medicaid going to be an option? If so, the POA would need to avoid anything that could be interpreted as a gift.

How much work is this person doing? If they are managing a 6,000,000 trust portfolio maybe ... Or if they are taking an unpaid leave of absence to clean out, fix up, and sell a hoarded house ...

Are they only the POA or do they have hands on caregiver responsibilities?

Are there a lot of travel expenses?

https://info.legalzoom.com/can-power-attorney-charge-expenses-24313.html
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POA only has the power to certain situations to stand in the place of the person who made the POA.
That DOESN'T mean the Fiduciary or Guardian are reimbursed for certain expenses. You're either appointed as Guardian or the Court appoints a Fiduciary. A professional Fiduciary does receive "pay" BUT THEY MUST REPORT TO THE COURT. THEY CAN'T JUST GET 60K. THEY ALSO HAVE TO HAVE A COURT BOND TO PAY THE ESTATE BACK FOR EMBEZZELMENT...ELDER ABUSE
Guardians have to turn in ANNUAL REPORTS to the Court for approval for reimbursement from the estate before being reimbursed.
It sounds to me that the POA is committing elder abuse for financial gain. You can have the State investigate.
This is way too fishy!
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Judy79 Aug 2019
How can I legally find out about my brother who is POA over my mother? I am the type of person to buy things,not much, out of my own pocket. He makes tons more than I do but still expects to be paid back for what he spends. It's his mother and he should be willing to pay for things because of love. Not because he deserves to be paid back. I feel that his wife has something to do with it. I could be wrong but that is how I feel.
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