My sister is demanding that she be put on the POA because she is the oldest sister and I should not have the right to being on the POA by myself as there is 8 of us. My mom has been told by her that she needs her to sign a new POA and my mom told her no that she is not signing any more papers. So my sister sent me a letter and said ok you win. I am not paying for the cell phones anymore or the credit card I owe, she said I could figure out how to pay it or my mom will be stuck with the early termination fees etc, She used my mom's credit for these items as she has ruined her own credit. Can I take her to court for the bills she has created under my mom? She also lives in California and my mom lives in Florida as I live in Georgia. I have asked my other sister to come on the POA with me a few weeks ago before all of this as she lives in Flordia closer to my mom. She is sending nasty letters to everyone in my family that I am trying to take everything of my moms making it hard to manage my mom's affairs. I have proof of everything I do and am not worried about that. However I am worried that she will scare my mom into the POA with her threats as she did with the executer of the will that she managed to get on.
Whe is the law on this?
As far as the POA goes and if you used your state's standard form, it might NOT even allow for multiple people to be on it.
And, as I re-read my answer, I guess you can tell I've gone through something similar and maybe answering in a somewhat emotional manner. :-)
As far as the POA goes and if you used your state's standard form, it might even allow for multiple people to be on it. I had POA for my mom in her original state, and it specifically said only one person could be on it. Now, she's moved in with me in another state, and I don't think our current state's POA form restricts it, specifically.
But here is my point on the POA and I know you know this, but let's just state this here for the sake of discussion: you and your sister could not possibly do the POA in a joint manner. I think it's pretty clear that that's not going to work out. Your point to your mother is to keep reminding her that you're doing your best and that you need to know if there's any reason she's not happy with your work that she'd change the POA. If she says anything about feeling sorry for your sister and adding her to the POA, just point blank tell her your mother that, if she does that, that you're gone - that you can't see that working and that you're not going to sign a new document, yourself. and that she'd be on her own with your sister. Tell her that, if she's been unhappy with our work and wants to switch to your sister that she's welcome to do it.
If your mother is paying for your sister's internet service, cancel that as well.
Explain to your mother why this needs to be done though.
I don't know how you could sue her unless she fraudulently used your mother's credit to obtain the services she's abused. It sounds like your mother agreed as I don't see how your sister could be using your mother's credit card otherwise, even with the fast swipe features. Does your mother still get the bills, and is she paying them for your sister?
Does your mother live alone? Does she experience forgetfulness and/or show signs of cognitive dysfunction? If no one's living with her, your sister could easily manipulate your mother into co-signing for additional debt. I don't know how to address this issue, especially since nothing has been written about your mother's status.
How is your sister threatening your mother to manipulate her into responsibility for financial misdeeds? And how did she "manage to get on" a will and threaten the Personal Representative (as they're designated now)?