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I have POA. I pay all her bills. Mom feels she should be able to spend her money on what ever she wants. I try to explain that we are not in that position to afford to shop for clothes when I am spending 200 a month to store her clothes. Mom was a compulsive shopper and now that she is feeling better she is wanting. I'm still trying to close up her house so I can sell it. I am alone in this war w no support from anywhere.

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Well Jet, she could be on the moon and if you have POA, you will have to simply tell her no and weather the storm..... tell us more about her situation. if her finances are not in a way for her to afford many extras, then no. sorry you are the sole person having to deal with selling her house. come back and share, we are here for you. Hugs
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Where does she have room for more clothes and why does she need $200 worth of clothes per month? She may be depressed and using retail-therapy to in the place of some needed meds and real therapy.
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Have you or she consulted with an Elder Law attorney or financial planner? Do you know if she has the resources for her continued care? If finances are an issue, I would get that information before I sold any real estate as it can have implications if she should need Medicaid later on. They also have rules about cash gifts too, but I would seek information from someone who knows a lot about it.
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First of all, stop spending $200 a month to store stuff. Donate them. Take them into your own home. Whatever. But $200 for that purpose is wasted.

And, yes, of course, she can buy presents. Do you anticipate her being on Medicaid in the next five years? If so, I personally would keep careful records and spend no more than $25 a person so as not to run into trouble with Medicaid rules.
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JetCity - I'd suggest that it's time for a financial reality check on moms situation. Will mom likely live another 5 years and will she have maybe 500/600k as the proceeds from the sale of her home? If so, get ASAP with an elder law attorney to come up with options as how to best place the $.

But if mom has maybe under 150/200, then if she lives long enough, she will run out of $ and need to apply for Medicaid. Which means a pretty detailed look back of where all her $ went for 5 years. Gifting to family will likely show up and mom although qualified for medicaid will be ruled ineligible for medicaid to pay for whatever amount of $ gifted to family. A transfer penalty will happen and for an extra fun part of this...penalty is by days ineligible based on your states Medicaid reinbursement rate for room & board. So for TX the rate is $ 155.00 a day which means a 50K penalty is 322 days which someone (like you!) will have to rprivate pay for their stay. They are already impoverished to qualify for Medicaid so have no $ anymore.

If the latter scenario is what your up against, start planning on how to maximize moms $. The $ 200 a mo storage is a real drain IMHO. So the unit is just filled with stuff I'd bet?

What about doing this......turn moms unit into Macy's? Yiu gomthrough and pack clothes that she will need for the future within reason. Then Set a couple of dates within a month or two and tell family to come & shop. That is their last gift from her. Empty that unit out & give 30 day notice.

$ 2,400 annual storage plus whatever the house is costing adds up. Do you personally have the purse to pay for all this? And for years without an issue? If so, then great but if your feeling a pinch in your purse already, cut your losses. There probably no reasoning with mom in all this, so try to be as pragmatic as you can.
Good luck & keep meticulous track on all receipts.
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if mom gets tired of her clothing quickly, maybe check out that online clothing rental place....they send dry-cleaned clothing out every few weeks in her size, she wears and sends back (they clean them) and she will always have something "new" to wear.
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but to the original question, if mom is still within her cognitive faculties, she is free to spend her money however she wishes....you as POA need to keep track of it, so that if she does run out of money, you will need to assist her with the Medical Assistance application. Yes this sounds crazy---and if you believe she is borderline in her cognitive function, then have her evaluated, because if a doctor will sign off that she is not able to manage her finances---then the POA can, and MUST, take over. Including---putting a lock on her wad of cash, cancelling her credit card (do it!), and requiring 2 signatures (hers and yours) on any checks or other financial transactions. If I were you, I would go the doctor route; prepare some "evidence" of her inability to manage funds, and let the doctor be the bad guy. Expect a major assault against you! But once you do this, she cannot revoke the POA, because she will have been proven incompetent....so you will be OK. I am not an attorney but I am pretty sure that is how this would play out (to be sure, ask your attorney, OK?)
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