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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.

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I agree with Littletonway. The minute you say you are getting a lawyer she will probably back off and try to correct unless she has always been this way. In that case try to get her off of all accounts with lawyer. Fortunately my sister let me take care of everything since I was the main caregiver/money handler. She was on all accounts Trusts, Savings etc. but trusted me completely so had no problem with it. And yes, it might make her angry but you have to be your mom's advocate here since she can't do it herself. Best of luck
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Sometimes, once you get a lawyer actively involved the guilty parties realize you are serious. They know they were wrong and will do whatever to keep from getting into more trouble. Few people want to spend time in prison!

Don't delay get a lawyer today.
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Unfortunately, this mess will only result In large legal fees, ongoing lawsuits and bitter feelings. In war, there are no unwounded soldiers.
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MBCASD, please don't be discouraged or hurt and just go away. Your sister is being a rat and needs to be firmly corrected. Don't even give her a chance to correct her errors, get the attorney to do that for you. Gather evidence, track everything and stand up to her. Don't give in; your Mom would not want that, did not want that as was made clear in the dual DPOA. Stick to your guns, get the attorney and go for it.
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Oooh this is so wrong. No sister cannot do what she did. Needs to be corrected ASAP--don't lose anymore time. Yes unfortunately you will need a lawyer involved and your moms funds can be used; however IMHO what your sister did must be criminal and in that case a judge might require her to pay her mom's lawyer bills (out of her funds not mom's). Best wishes finding a good lawyer who can act swiftly and emphatically.
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No, sister cannot do what you say she is doing ... but since she has done it, it needs to be corrected. Contact a lawyer for the best ways to fix the situation. The lawyer can be paid with Mother's funds, since you are acting on her behalf.
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Get a Lawyer and do it NOW.
Your sister is a thief. Report the crime.
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