I hope you don't mind that I answer the question you posited on my wall here so that it may be of benefit of others.
I will try to answer your question given what you stated.
A Will is only applicable to probate assets. Probate assets are those that are not governed by some other mechanism. So, for instance, if a life insurance policy has a named beneficiary other than "the estate of", then the proceeds will pass directly to the beneficiary and by-pass probate and the Will.
Similarly, if an IRA has a named beneficiary other than "the estate" it will pass directly to the beneficiary and by-pass probate and the Will.
There are methods to have virtually all assets by-pass probate if that is the intention. Most commonly used are the designation of beneficiaries as noted above, revocable living trusts, and joint tenancy.
When it comes to bank accounts, those held jointly will pass directly to the joint holder and thereby by-pass probate and NOT be subject to the terms of the Will.
If mom's intention is for assets at her death be subject to her Will then the proper way to establish bank accounts (or any other asset) where Power of Attorney is to be exercised is to have al accounts in Mom's name ONLY with the POA submitted to the bank or other institution so the POA can handle those accounts.
If the accounts are in Mom's name only and there is no "Payable on Death" or "Transfer on Death" beneficiary or if the account is NOT "In Trust For" then the proceeds will be subject to probate, and therefore, mom's will.
Please contact you local department of Aging-Protective Services. My sister did the same thing and they helped us get mom's money back. My mother revoked my sister as her POA and had a neutral party (her brother) installed as her POA. The dept of aging will go through all bank statements and your sister will have to come up with documentation where your mom's money went. If you don't want to go this route right now, may I suggest that your sister shows you and your mother the bank statements together so you can see where the money is being used. If she does not agree to this then I would go to Protective Services. Please don't wait too long. We did not get to my sister in time to retrieve all mom's money back as my sister moved it and hid it pretty well into other accounts. Please do this as soon as possible to protect your mother's assets.
I had to become my mother's legal Conservator (this goes through Probate court, call the Public Administrator). Although it also incurs legal fees (you have to have an attorney), it will keep anyone else from using your mother's funds. Another option is a Durable Power of Attorney. This will not keep anyone else from using funds but WILL give you the authority to prosecute if you choose. It sucks, but not many choices.
People don't exist in a vacuum, so be proactive instead of waiting for things to happen and then react rather than respond. How did she become POA, etc. in the first place? Is she better at managing Mom's finances? You don't want to accuse her of anything, but at the same time there seems to be a need for checks and balances to ensure there's enough $ to see your mother's needs are met. All of you should figure out where your caregiving talents lie and dole out responsibility accordingly. Good luck.
I hope you don't mind that I answer the question you posited on my wall here so that it may be of benefit of others.
I will try to answer your question given what you stated.
A Will is only applicable to probate assets. Probate assets are those that are not governed by some other mechanism. So, for instance, if a life insurance policy has a named beneficiary other than "the estate of", then the proceeds will pass directly to the beneficiary and by-pass probate and the Will.
Similarly, if an IRA has a named beneficiary other than "the estate" it will pass directly to the beneficiary and by-pass probate and the Will.
There are methods to have virtually all assets by-pass probate if that is the intention. Most commonly used are the designation of beneficiaries as noted above, revocable living trusts, and joint tenancy.
When it comes to bank accounts, those held jointly will pass directly to the joint holder and thereby by-pass probate and NOT be subject to the terms of the Will.
If mom's intention is for assets at her death be subject to her Will then the proper way to establish bank accounts (or any other asset) where Power of Attorney is to be exercised is to have al accounts in Mom's name ONLY with the POA submitted to the bank or other institution so the POA can handle those accounts.
If the accounts are in Mom's name only and there is no "Payable on Death" or "Transfer on Death" beneficiary or if the account is NOT "In Trust For" then the proceeds will be subject to probate, and therefore, mom's will.
Hope this helps.
People don't exist in a vacuum, so be proactive instead of waiting for things to happen and then react rather than respond. How did she become POA, etc. in the first place? Is she better at managing Mom's finances? You don't want to accuse her of anything, but at the same time there seems to be a need for checks and balances to ensure there's enough $ to see your mother's needs are met. All of you should figure out where your caregiving talents lie and dole out responsibility accordingly. Good luck.