My father is in a nursing home and my sister has power of attorney. Can she use his money for herself and instead of paying the nursing home?

vste, where are you? A decent skilled nursing facility here is about $10,000.00 a month! Memory care about $6,000.00' and assisted 4-5000.

The original question on this is quite old, but something like it has been coming up lately. If the question is can you get away with it, the answer is yes; but if you care about legal or moral, the answer is ABSOLUTELY NOT. I saw on one thread where someone felt is was OK for Mom to pay one bill a month, and again, it may seem only fair, but if it comes under scrutiny, it really is NOT. Funds should be well-separated and POAs should keep their act squeaky-clean. If there are financial arrangements like the caregivee paying rent or caregiver being reimbursed for related expenses, they should ideally be explicitly laid out in advance in a written, agreed-to plan.

irenepat, The Executor goes to the bank and has the bank issue the checks to the heirs. BUT all bills against the Estate must be paid first. Some of those take time to come in so don't rush into this. Tax returns, legal bill for probate, expenses for sale of the home etc.

my brother in law was my dads p o t. dad died 3 wks ago, me and sister are excuters on dads will. who goese to bank to collect inherittence

Normally a POA signs papers indicating they know to keep their own funds separate from the person's and act in the person's best interest. A court can remove a POA who does not. If Dad is not willing or able to, and you would probably have to start that ball rolling and risk the fallout. You might be able to find out about the billing situation from the nursing home admin directly, and then report the situation either to a lawyer of your choice or possibly even use the elder abuse hotline. The nursing home, if not being paid, can give notice - which it sounds like they may have already done - and can also try to become the representative payee and collect the person's SSI check, using all but 60 or 70 dollars a month I think, to pay for care. Keep in mind that the nursing home care may cost up to 5,000 - 6,000 per month - its possible he is genuinely running out of money and your sister might instead need help with Medicaid spend-down or finding other resources that have not been found yet for whatever reason. Bear in mind too that I'm not a lwayer and am only sharing what I have learned from my folks' situations as their POA, and that might be very different from yours. I hope something works out better than it looks, and that Dad can continue to be cared for in the best place for him...

I have POA for my mother-in-law and I could totally clean her out if I wanted to. However in our family, my brother-in-law is also POA, and all three of the sons (I'm married to #3) are on her bank account with her. So I am accountable, (which is a good thing) & everyone is kept in the loop. So yes, she could take his money if she doesn't have to answer to anyone. I think it's time your dad cancels her POA rights, and assigns a new one. And I don't think you should have to be the one to take him in either. My guess is your sister has a record to messing things up, then other people have to deal with her shenanigans. Tough love is in order I think. legally maybe?

no.. she wants me to take him into my home and for her to keep power of attorney and his money. I think she is not paying my dads nursing home bill and is in trouble so she called me in hopes that I would take him in, and she would not worry about the nursing home bill. I think she is using his money for her own household bills and possibly savings for her self? Don't know, but his income is very high and he has no money left and little bills compared to income? Can she use his money for herself and neglect him this way?

She can steal his money any time she wants I guess, especially if she's not being accountable to anyone. But the nursing home still has to be paid or your dad will be out. Is she planning on taking him in to her home then?