Hi -
I have two questions -

1. Can a POA/heir (non family member - not impo, I know) pay min. amount on bills for possibly terminal person, thereby maintaining a high bank account/inheritance? (Of course, I guess racking up eventual payments due?)

2. On the other hand, if the POA/heir gets to the point where the person is in debt and there are no assets to pay "from" - could that person be held liable in any way?

I know that children inherit no debt, but have to pay out whatever they can from any inheritance IF there IS any. In this case - not a family member, POA, no assets.

Again, premature questions, however, my Mom's POA is NOT keeping records, is suddenly paying min. amounts on all her bills (she's never done that before so bank balance is high - no, she's lucid, trusts him completely, etc.).

I don't know at what point I, daughter, could step in and question his actions as her POA. I don't want to damage the GREAT relationship with my Mom right now.

She HAD enough money to pay bills before - just not enough to give him. Now, I have no idea what's going on.

(She told me he was paying min. amount….. He and I don't talk).


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At this point I'm convinced that debt ends with her death, no matter who the heir is, question is: what is accountability, then for this POA, and at what point am I willing to "nail" him.......

I do NOT want to jeopardize my current relationship with mom else I would have done so years ago with this guy. So perhaps I wind up waiting until she no longer knows the situation....sad, but true....and then Guardianship....

Until that time: Igloo, answers, if I can!

POA is heir, executor, son of caregiver and the object of my Mother's fantasies for 12 or so years (married, my age-58, she's 82, and he's taken every thousand(s) of dollars that she's thrown at him over those years, much to the outcries of his parents, my mother's siblings and her children. There is too much to go into here, but that's why my brother and I aren't recipients of her "estate"......which consists of home and belongings large amount.

I don't know what a POD account is, sorry, didn't look it up.....

Mom's bills are minor, utilities, etc, caregiver, No mortgages, car, but yes, insurances.....

Not sure about funeral expenses as she won't discuss no matter what. I guess it's ultimately not my responsibility at this point, tho......

No, POA isn't getting paid and he and his mother, caregiver, were given co-POA responsibilities. Neither were ever given explanation of what it meant, tho he knew it meant he could "control" her. He hasn't abused his power over past couple of months, however, to answer question about boundaries within which he's operating? None. No records, receipts, etc. anyway.

Thank you for answering.

And Pamstegman, you're right, it all gets divvied out at the end if there's anything to get divvied out!!! But who knows!! Maybe she'll outlive us all! Would be wonderful. Especially if she remembered it all!!!
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Oh, and there is no such thing as "premature inheritance". If they are still alive it is a gift, which is a bad idea if money is short.
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JA - hmmm this is interesting, couple of ?'s:
- is POA the one who will inherit everything from her estate?
- Will this same POA become the executor/executrix for the estate?
- Do you know how the bank account that mom gets her monthly income deposited (Like her SS check and any retirement or annuity) is set up, like it is a POD account?
- does Mom have a will? and do you know what it reads?
- what are mom's assets like, house? other property? any real $$?
- what kind of bills does mom have, like is there a mortgage, home health costs, insurance to pay etc.
- mom is on Medicare, but is she getting any paid for by the state of Texas social or health care services. Not just NH Medicaid, but other "at-need" services?
- does mom have a prepaid funeral & burial already done?
- does POA pay themselves to "manage" mom's financials?
- is the POA doing their actions within the framework of a firm, like a law firm or a brokerage or other biz rather than just an individual (friend, neighbor)?

Any particular reason why this POA as opposed to you mom's children - like yourself or your siblings?

I have some idea but a lot depends on what the answers above are. I've been executrix twice in TX for aunt's estates and TX is a level of claim state and you can take up to 4 years to run out probate and that AFTER you have even presented letters testamentary in court. Now although the first thought is that they are doing this to enrich themselves; they could be are doing stuff to be able to pay for the Class 1 & 2 costs of the estate. So much of what I did as executrix with one aunt's estate was negotiate claims and deal with family in-fighting as the belief was that she had oodles of money but the reality was oodles of convoluted debt
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The POA ceases when Mom dies. The Executor then takes over and must pay all final bills, including waiting to file the final annual tax return. Neither the POA or Executor can be held liable for her debts. Some credit cards/mortgages have life insurance, so that clears the debt if they have life insurance. So whatever debt is left is paid by the estate, including Nursing Home claims. If anything is left over, it is distributed, either by instructions in the Will , or to a named beneficiary on an account.
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