Here are the facts:
I have joint Durable POA with my sister for mom in her Living Trust. Additionally, I am the primary Designated Agent for mom's Heath Care Directive in her Living Trust dated 7/4/2007. Mom was diagnosed with dementia in 2010 My sister has taken the proceeds of the sale of mom's condo and placed it into an account with her name and my uncle's name (mom's brother who is 92 and has dementia) on the account without naming be as an account holder.
Question: If the account is not placed in mom's Living Trust, do the funds go into probate upon mom's death?
Question: Can my sister legally get away with placing whomever she wants on an account even though there is a Living Trust in place.
Additionally, back in October and after the sale of the condo, my sister has placed mom into an unlicensed senior apartment house that is not recognized as a legal and licensed senior facility per the California Department of Social Services. I need to move mom as quickly as possible to a safer licensed assisted living facility and need to access the funds in order to move mom, and pay for her living expenses.
My sister is attempting to control mom's financial estate so that I cannot access the funds to move mom. She wants mom right where she is because it is "cheaper". As the primary Heath Directive POA and joint financial Durable POA I would assume that in a court of law I would be in a position to be placed on mom's accounts. Again mom's has dementia and is not capable of making rational decisions.
Appreciate any advice.