If she died and siblings found out brother spent most of money without mom saying they could. Is that legal?

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Solansky77, could you supply us with more information. Such as, is Mother living in a senior living facility where your brother had to write checks to pay for the facility? Or if she lived at home, your brother hired a caregiver to help her, etc. Who has financial Power of Attorney? Your brother?

Aging can become very expensive. Even the cost of Depends can whack out the best of budgets. Hearing aids are thousands of dollars. Re-vamping the house to make it easier for wheelchair usage, etc.

You mentioned "they", how many siblings are on Mother's checking account? I assume you are also on the account.

As CountyMouse and JoAnn had mentioned, how do you know that your brother had taken the money without your mother's permission? Curious if your Mother may have memory issues, as it is not uncommon with dementia to tell "stories" that are not true.

So, the more information you can give us, the better. Just trying to get a clearer picture of what is going on.
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The problem I see is how the account is worded. If its says POA, then he can't use it for himself. If just a joint acct, then the bank considers its both their money. Upon her death, its his.

You would have to prove that only Moms money is going into that acct. You would need statements. If you can prove that, then APS can be called in because he is taking advantage of a Senior.
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Your mother has died, or your mother is alive and well?

Your mother agreed to your brother being authorised to operate her account?

You have discovered - how? - that your brother has spent most of the money. Either your mother is saying that she didn't give permission, or anyway your brother is unable to show that she did give her permission, for this particular expenditure. What did he spend the money on? How does he account for it?

If he just helped himself blithely to his mother's money and bought a new car, for example, that is not okay. Being authorised to operate her account is not the same thing as being given the money, and you should get legal advice. It may be a criminal/police matter.

If he bought *her* a car, or paid for her groceries, or hired nurses, or even made purchases that in fact she had okayed but is now denying to you, that's different.

So... what happened?
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