My sister has taken out at least one and possibly more credit cards out in my Grandmothers name with her listed as POA. Is this legal can i force her to provide reciepts and prove anything charged was for my grandmother
And on that subject, I will bring my mom in to her bank to apply for a credit card, and see if they are able to add me to her account as POA or signer in the event a nursing home bill could be paid with it, in the future.
I'm my parents POA, and this is really a good question, as I can imagine it would be very helpful for my parent's sake, if for example they were both in nursing home and paying $16, 000 per month then if I were to pay this on a credit card, and get a cashback bonus or prepaid visa card, I could use that to pay their eyeglasses, doctor copay, orthopedic shoes, lift chair, etc. I can see it could be a great benefit for someone as POA to be able to open a credit card for the principal--as long as it is being used honestly, correctly, and not for the POA own benefit.
You may save yourself and sister allot of heartaches and money by attempting to talk with her directly over the matter. She may have a reasonable explanation over the matter. A NH does not cover such expenses as clothing, shoes, eyeglasses,etc. Your sister could be using a credit card so there is a paper trail to these expenses. As she might not have or want to use her own finances to cover these items and could be uncomfortable asking family members for money to pay for them. If your sister was paying for everything out of her pocket, she has the right to attept to recover these costs after grandma passes away. You might also want to ask yourself and any other family members if anyone is helping financially and/or in others ways with grandmas care.
Just a thought, if GMO is self-pay, perhaps the POA is paying the NH bills with credit card. ...you build up lots of points, miles, or cash back this way.
You can't have a credit card in someone else's name. That is fraud.
Big red flag on this, what could someone in a NH possibly need that couldn't be paid for in cash? Your sister is pulling a "fast one".
You need to act on this, she could be running up some bill, and if grandma passes it comes out of whatever assets she has, your sister is off the hook.
I bet she filled an the applications and had your grandmother sign at the bottom.
The only way to stop someone with POA who is doing wrong, is hire an attorney. Since attorney's charge so much, most POA get away with whatever they want.
Most Power of Attorney documents have no limitations and even if they do, places like credit card companies don't ask for a copy of the document to ensure who is applying for the credit card has the power to do so. When your grandmother appointed your sister in the POA, she basically made it legal for your sister to step in your grandmother's shoes and conduct business just as if your grandmother was conducting business. Scary when you really think about it!!!! If your grandmother is competent enough, she could revoke the Power of Attorney---if she wants. Does your grandmother know what your sister is doing? Has she given your sister permission to do so? You would be surprised at how folks, like your grandmother, feel an obligation to help family. You could also ask your Adult Protective Services to get involved if it is elder abuse (financial exploitation). If your grandmother is not competent, you could pursue guardianship over her. In my state there is a provision in the law which allows for the individual like your grandmother and some family members to ask for an accounting. Doesn’t mean you will get it and if you do, it doesn’t keep your sister from financially exploiting your grandmother. An elder law attorney may be your best bet.
If the POA person is acting in the best interest of the person who gave the POA, she is acting as your grandmother. However, if you have doubts, you can also hire an attorney or file a complaint with Adult Protective Services. You cannot ask for receipts since you do not have the POA. You do not mention your grandmother's mental state, but if she gave your sister authority over herself, she must have trusted her judgment. I have used my POA over my husband to get a credit card using our combined finances, but I put the card in my name only. Maybe that's what your sister did...
No, someone with POA can't take out a credit card in someone else's name if that person is in a nursing home. That's identity fraud. But there's no way you alone can force your sister to account for her purchases.
Consult an elder law attorney as soon as possible.
Your sister could be using a credit card so there is a paper trail to these expenses. As she might not have or want to use her own finances to cover these items and could be uncomfortable asking family members for money to pay for them. If your sister was paying for everything out of her pocket, she has the right to attept to recover these costs after grandma passes away.
You might also want to ask yourself and any other family members if anyone is helping financially and/or in others ways with grandmas care.
Big red flag on this, what could someone in a NH possibly need that couldn't be paid for in cash? Your sister is pulling a "fast one".
You need to act on this, she could be running up some bill, and if grandma passes it comes out of whatever assets she has, your sister is off the hook.
I bet she filled an the applications and had your grandmother sign at the bottom.
Consult an elder law attorney as soon as possible.