My mom (87) lives with me, and she only gets $700 a month SS. I'm her caregiver 24/7, and she has lived with me for 6 years. She has 3 other kids that don't even come to see her. I haven't had any time off for 6 years.
My baby sister recently filed for POA on mom and sold mom's house. She didn't give the money to me or mom, she kept all of it for herself. Mom's SS check barely covers the cost of mom's food and her personal bills... I do everything for mom. It has been financially hard due to my husband being the only one working.
I don’t know if your Mom has dementia but it would be hard not to remember getting a POA drawn up.
you got a lot of great advice, I am sorry you have to deal with this
With mom's only income being $700 per month, she is going to qualify for a medicaid nursing home bed if she ever needs one. Daughter selling house, by authorization of a POA as was done, and proceeds not being used for mom's needs is going to create a penalty period on when mom's medicaid bed would start being paid for by the state. Elder atty may be able to get house money back to be used for mom's current needs.
You most certainly do go to court to get a POA if the person did not do these documents naming someone POA willingly on their own in a lawyer's office.
Being the 'next of kin' and making medical decisions for a person in an emergency is something entirely different.
If the OP's mother did not already have a POA legally done and she very likely did have one done, there's no way her daughter can just get one made up with the mother having no knowledge of it. It would have to go through the probate court and the sister would have to be legally appointed POA by the judge. The mother because the petition is about her would have a lawyer appointed by the court to represent her if she doesn't have one on her own.
This is how a legal POA is gotten over a person.
The mother in all likelihood did her POA already and just isn't telling her daughter whose house she lives in and who takes care of her.
What I don't understand, is how she got it without your mothers consent and was it done under duress if your mother did approve?
Your sister did not just get POA. That is not possible. If she was going that route, your mother would have had to appear in court or a lawyer either retained by the court or by your mother would have had to appear on her behalf. Your mother lives in your house for six years. In that time has she ever heard from a lawyer appointed to her because your sister is petitioning for POA? No one just gets awarded POA by the court because they want it.
This being said, your sister already had your mom's POA. Your mother made the documents in lawyer's office naming your sister her POA. She may not want to admit to it because she lives off of you in your house, but I guarantee if you get a look at those papers, your mom's signature will be on them.
You can put a timeline as to when she started acting as POA. Who was paying the bills at your mother's house for the last six years? The utilities, the homeowner's insurance, the property taxes, the mortgage if there is one?
Where does your mother's mail get delivered? There will be photocopies of cancelled checks included in her monthly bank statements. Somebody pays these bills so there's a signature on the written checks.
You have access to your mom's SS. How are you able to access this money if your sister is the one in charge of all the finances through her POA?
Ask for some bank statements and see if sister's been paying these bills.
Also, when someone has POA, they cannot just abscond with the person's money and liquidate their assets to spend any way they wish.
Follow the money. Start with the bank your mother's SS gets deposited in. Deal with them. They will have a copy of the POA on file otherwise your mother would be the only one able to withdraw from her accounts.
Mom did a POA. You could also be named on that document as well.
If you're not pack her stuff and drop her off on your sister's doorstep.
It is not hard with a POA to do anything!
To stop it requires you going to court which requires a lawyer.
"My sister should be held responsible for stealing all of her assets. She knows I can't afford a lawyer. Momma doesn't deserve this."
What difference does it make to Momma, since she is living at your house with a 24/7/365 caregiver (you)?
I hope she is paying you what she can from her SS check. Is she? What was going to happen to the proceeds from the sale of the house -- were you going to get it, or was it to be split amongst you and your siblings? (If so, why? YOU are the one who is taking care of her.)
If your mother ever applies for Medicaid (someday her care could easily become too much for you), if it's within 5 years this house sale could affect her eligibility.
(or 833–372–8311) when my sister was being scammed. The people answering can provide local & federal resources to access and also offer to open a case number for further assistance.
Assuming that your mother is over 65 please also contact the local Office on Aging and see if they have a listing of Elder Care attorneys who can assist at low-cost or perhaps even at least hear the story pro bono.
Wishing you and your family good luck and peace on this journey
POA, sister could not get it without Mom assigning her. Mom would need to be present to sign the document in front of a lawyer and a notary. Even as a POA sister is not entitled to Moms money. That should go into a bank acct for her care only.
You need to contact APS for no other reason than to get the theft on record. If Medicaid is ever involved u will need to prove theft was involved.
I do not know when all of this occurred, but any sale of property belonging to your Mother and in her name on title/deed, is not legal. Open a case by reporting this to APS.
Your sister could have "filed" for guardianship. But not for POA. So check on the facts of all this through APS. Something is missing and askew in this story.
you need to be all over this! Your mom needs that money for her care!
sounds like sis commited FRAUD.
HAve you called Adult Protective Services and reported financial abuse of an elder?
DI'd youask mom if she signed a Power of Attorney for your sister? If mom didn't, then you also report fraud.
Have you asked sis for an accounting of the money from the sale?
You don't just file for a POA. Does she actually have guardianship?
You need to see an elder law attorney to try to find out what is going on.