My sister is being investigated for taking mom's social security and pension benefits. Can we get all of my mom's money returned back to her?

I'm sure Adult Protective Services will be on your mom's side. Competent or not, transferring the money into an account without your mom's name and not being used for your mom's needs is likely illegal. This is a family feud, and so sad. It's still your mom's money, so APS will likely want this taken care of. Also, should your mom need to go on Medicaid, this could be traced back to your sister and she'd have to return the money anyway. It sounds as though you are going through the right channels.
Good luck,
Carol

First off I would change doctors for sure, he should be in some kind of trouble as well, if she was not incompotent and he falsified info to say that she was he could be in big trouble. Did she actually have a active poa or did she just act like she did?

It is illegal. I have a special needs son. I have POA. I am his pay representee under Social Security. Even with these, my son's SSI must be deposited in an account with his name on the account--it must be his account. It cannot be a joint account with anyone. That is what Soc Security Reps told me. That is the law. My name is also on the account as payee representative--but I am not a joint account holder. There is a very specific way this bank account must be opened. If the Social Security Rep hasn't done this already telling your mom, you can take your mom to a bank, open up an account in her name, and give that bank information to Social Security for direct deposit into that account that is in her name only.. If you have POA for financial stuff for your mom and she needs help with financial stuff, you can have Social Security designate you as a payee representative and then have the bank open the account that way so that no one can put on a joint owner. The Social Security reps were very clear with me...that SSI could not be deposited even in a Supplemental Special Needs Trust because the account MUST be in his name. I'm not sure about if your mom was declared incompetent and your sister is the guardian. Even so, as guardian, she would have to give an accounting of how the funds were spent.

If your mom is considered incompetent, I believe you can set up a guardian and a separate trustee who could also be the payee representative. Put her money in a trust with the trustee being the one who writes the checks/pays the bills. There is probably a kind of trust for this situation which provides accountability and oversight.

Once Social Security has done the investigation my guess is that not only will the money have to be returned but your sister may also be prosecuted. Unless your mother is declared incompetent, the Social Security people will require that they talk to her directly.

If your mom is ok enough mentally, you may need to talk with her about who she allowed to be put on her accounts/CD's. If your sister is on these accounts this has to be changed also.

By 2013, it will be law that all SS checks be directly deposited, until then they can be mailed to the recipients designated address. A Power of Attorney may be written to encompass all aspects of your elderly one's affairs. That includes health issues as well as financial issues. POA's become effective when they are signed by both parties...regardless of the mental status of the person it designates.

UPDATE: My sister was ordered by Protective Services to give the money back to my mother and turn everything over to my uncle who is mom's new POA. They are meeting as we speak. "Thank You Jesus" and thanks to all of you for you love and support along the way!

IB:

Did she have POA? ... Permission or not, what she did is outright immoral. I'd lock her a__ up and throw away the key. Stealing from your own mother?

IB:

Like I said, I'd lock her up together with that Quack. For the moment, the Lady you're talking about seems to be an ally that you can't trust. Believe what you feel and have a Plan B. ... Money can make people do strange things, so read everything thoroughly -- especially the fine print. Good luck.

-- ED

ok there are several .p.o.a there is the medical and there is the d.p.o.a yes there is a difference but i was in a situation like this recently and yes i was on my dad accounts thats what you need to look at ..is ur mom incompetent or is she able to make decision there is where you WILL problem trust me i know. my family ended up taking me to court but they didnt get anything i admit i made mistakes but i didnt think with me giving up my life for 7 yrs and not working no income my dad gave permission to use his money i hope your sitituation is not like my family all they wanted was money they did all the legal way of pulling eveyrthing from me but my dad sighed on his own he was competent to do so. but my family was looking for money for them and it didnt work i had d.p.o.a i had medical p.o.a and there was nothing they could do but get a lawyer and they ended up with....nothing he lawyer took their money and still really didnt accomplished anything it will be hard to do IF your mother signed anything over to ur sister you will half to get a corut order a lawyer and so forth so good luck cause i ended up not paying nothing why??? cause they were all full of GREED...

Thank you so much Wuvsicecream for all the great information. My brother who lives 4 hours away is wonderful and he has come up when he could to help with mother's finances. Finally, finally, finally, after many prayers and being respectfully kind and gentle, we have gotten her to allow my brother to have POA and to be put on her checking account. He is going to have all her bills re-routed to his home and pay her bills from there. He's taking care of her insurance, taxes and financial responsibilities. I am the one to take her to doctor appointments, dentist and see that she is taking her meds properly and all the other chores plus see that repairs to her home and vehicle are done. She wants to stay in her own home (more like barricading) and live out her life that way. Time will be coming where I will have to have someone come in because I will need a break. You have given me a lot of good information to digest and I thank you again for sharing with me. All my brother and I want is for her to be comfortable and happy in her own surroundings.

Please give your mom a hug from me. I'm in my 80's and my husband and our other kids have been dealing with this kind of abuse from one of our sons for over 10 years. Then he sued all of us. The Judge today indicated that she will probably throw the whole case out of court. Hurray!
It took me ten years to finally disown this son. It is so hard to feel you, as parent, are being so abused by one of your own loved children. My heart goes out to your mom and to you. Keep on fighting your sister and do not let her get away with this. Piver