I have POA, and am her S.S. Representative Payee and her appointed agent in her trust and will. I am currently managing her finance for the past 1 1/2 yrs and paying all her bills, doing taxes, paying for incidentals, prescriptions and groceries. I took over 1 1/2 yrs ago due to elder theft from her checking account for over 20,000.00 plus she wasn't paying her bills on time or at all. I am running into the problem of her calling and getting money out of her retirement account which has dwindled down since my dad passed to almost nothing. She takes the money out for other family members who have mooched off her for years.

My mother's retirement account agent works with me due to the POA but says he can't refuse to give her the money even though he knows her memory is declining and what she does with it.

Is there anything I can do to get authority to tell him to refuse her and only I can make withdrawals without going through court and having her deemed incompetent. She still has enough mental capabilities that if she had a good day in court it wouldn't be granted and could cause more trouble then I have now trying to keep her from bleeding through the last remains of her retirement accounts?

Thank you for any direction on this. The effects on my health, marriage and our business is about to break me. I am getting no help because it is just me and my 1/2 brother who has been on SSI for about 30 yrs and all the money she had went to him for houses, cars and toys (boats & motorcycles) which he has convinced her to put in his ex-wife's name instead of my mom's so I wouldn't have access to it. Because he is on SSI he can't have anything in his name but mom paid for all of it and drained her retirement making it hard for me to salvage anything to provide her care for the rest of her life.

I am taking care of everything financial for her but I need to halt her ability to sign things she buys over to someone else and more importantly prevent her access from being able to withdrawal anymore of her money. The POA lets me act on her behalf but not stop her from draining her accounts. I talk to her daily and she never remembers our conversations from the day before and sometimes even on the same day from morning to evening.

Ready to throw in the towel :-(

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The court does not rely on her behavior that one day in court to determine competence. Are there two doctors who would declare her incompetent? Is an independent evaluation likely to find her incompetent?

Is it maybe too late to lock the barn doors? Are the horses already out? If mom has already given most of her retirement money away is there enough left to try to protect?
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I was afraid of that from what I have read. I'm just afraid that if I start that and she has a good day they won't grant it and I'll be estranged from her and the vultures will swarm in.

Thanks so much for your reply.
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I sympathize with you. As far as I know, guardianship is the only means of achieving this control.
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