I am in NH as well. I've got care of my Mom weekdays. My youngest sister was given Power of Attorney because my folks felt she had the most free time. So far my Dad died in June and she has done nothing to get Mom Dad's death benefit, insurance money or look into her Veterans' assistance. She encouraged my younger brother to purchase My folks place. ( It was willed to all of us) after it was obvious that Dad was not going to recover from heart attack and stroke. Therefore stripping the rest of us of our share in what little our folks could have left us. She won't show us the books, income or expenses. She pays some of the RX bills but most everything is covered under Medicare anyway. Now she won't ALLOW Mom to buy Christmas presents for Grands and Great-grands, because it would waste her money.
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I tried to get Mom to make Salt Dough ornaments with me. She had no interest. I told her that if I did it all for her the gifts would be frm me and not her. She shrugged.
Unfortunately your sister is wearing the pants concerning Mom's money.. I think Mom should be able to purchase what she wants it's her money!
Because of my older sisters anger and attitude towards me, my mother and the attorney, he finally contacted me and told me that although nothing had to be made known to her, perhaps to keep the family peace it would be best to be transparent in all dealings and let them know what was happening.
DPOA's and POA's many times get their butts kicked by family members on an ongoing basis for no particular reason. They are bitter and resentful, they are afraid that they are being lied to even when you open everything up to them.
I am DPOA, and 24/7 caregiver, when I ask for help, I get nothing....I am being punished for being DPOA and essentially stopping her from paying her bills from my mother's checking account and never repaying a cent!
I will stand behind DPOA's that are doing their job....those that are not should be ashamed of themselves and if they are stealing from the parent, prosecuted....it is theft no matter how you cut it!!!!
I am DPOA for my mother and I am the middle child, my mother has dementia and she no longer shops for anything. For years I made sure that I purchased gifts for her to give to everyone, however for several years I was not repaid and am currently owed over $2,000, not to mention the stress and strain it was putting on me to be her caregiver, DPOA and be responsible for my gifts as well as hers. Last year and this year, I simply had her write out cards to everyone and I enclosed cash in each envelope. I only do this because although she has dementia she realizes it is Christmas and says at least 5 times a day that she hasn't bought any gifts for anyone and she is so very sorry. I remind her that everything has been taken care of and she does have gifts for everyone which satisfies her. Medicaid if needed in the future, may penalize us for these gifts but they are actually small (total under $500), so I do not think it will hurt too much and I am hoping that we will never have to use them (Medicaid) at all.
The thing is when you become DPOA you are basically sworn to handle her financial affairs for HER BENEFIT AND WELFARE, as in paying for her expenses for medical care, living expenses, etc. None of it is to be spent on you the DPOA, or buying a car, sending a child to school, going on vacation, everything is to be spent on YOUR MOTHER.
If this bothers you so much maybe you should have a conversation with your sister and I would suggest forgetting the Christmas gifts but ask her to please explain to you and any other siblings, why she seems to be so concerned about Mom's finances and ask her to please open the books to you and your siblings so you can all understand why she is so concerned about Mom's finances to the point of no Christmas gifts. You need to go with a white flag and have this conversation be quiet and low key with no judgement or bitterness. She may have information that you do not have, such as monetary losses, that no one knew about, perhaps your Mom has much less money than you assume she does. There may have been something that your Mom and Dad did not confide in you about. Ask to please be made aware of what is happening and hopefully there are more than just you two, so other siblings can chime in to.
My older sister has been angry that I was made DPOA and not her, although I have taken care of my parents finances for many, many years. I offered to open all books to both sisters and even showed them where the books are and had them sign on to all the checking accounts with me. There is nothing they can complain about because everything is transparent. My older sister is still mad but I can't help that, she will have to live with it, my allegiance is to my mother and protecting her and her assets.
I hope you can work out your differences with your sister, it would be nice to know that someone out there can!! Best wishes to you and Merry Christmas!
If you have questions about finances, and your mother is unable to make compitent decisions then talk to your sister. Ask the burning questions. You may be surprised that she is doing what needs to be done hopefully.
Having said that, I wouldn't enjoy demanding full accounts from my POA sister either, so I sympathise. I've got a similar situation in that my sister has somewhat high-handedly decreed what my mother's Christmas present budget is this year; but she's not hoarding every penny - and, more importantly, she's not flogging assets at a discount to other members of my family. I have to say, that sounds pretty damn dodgy to me.
Hm. I don't suppose you are legally entitled to review your mother's accounts until after her passing; but since others are so entitled it's hard to guess what justification your sister has for refusing to let you see the books - can't be bothered? Doesn't want the hassle of your disagreeing with her? Couldn't care less whether you like it or not? Intentional insult? Who knows.
Very irritating. She's expecting you to trust her and then refusing to reassure you. Grrr, I don't blame you for not wanting to speak to her. Can you do anything about it? Dunno. You could consult a lawyer… but is it worth it?
Actually, you're responsible for your mother's day to day care: that's your Need To Know basis. Yeah. Ask a lawyer how you get access to the accounts which your sister is obliged to have kept.
I know you didn't ask this question, but, regarding home and land sold at a deep discount, I thought that assets have to be valued at fair market when determining medicaid eligibility. It may vary by state. This is a question for an elder law attorney. Brother may owe money back to estate if it's during 5 yr look back. If sister doesn't show you the books, are you sure this is what happened?
It is hard to opine on this without knowing the details like you mom’s condition and the size of her estate, and how big and how many presents are you expecting.
If you were expecting nominal gifts for small children, maybe you can continue the illusion by buying the gifts instead. IMO older children and adults should not have expectations of gifts from elders on fixed incomes. Perhaps you can buy coloring books and crayons at the Dollar Store? The limitations of gifts could be a teachable moment for the kids over say 7 years old. I recall a poor aunt wrapping single bars of Dove soap – that is as nominal as it gets, but I was old enough (and coached) to appreciate the gesture.
Your sister’s moral and legal duty is to manage the finances to take care of your mother. A home is often the couple’s largest asset. If sis liquidated it in order to spend the money on mom’s care, that may be the most appropriate thing to do.
Mom’s assets are for her care, if/when she runs out Medicaid steps in. Gifted money creates a penalty period. Imagine if her money is used up and Medicaid freezes her eligibility for a year – will the family pass the hat and cover the costs of the NH? Even well off - upper middle class people often outlive their assets, lifespan and end of life costs keep rising.
The only assets that are up for inheritance are the ones that survive and are not needed for the owner’s care, else the taxpayer (through Medicaid) would be subsidizing your inheritance. Do not count on the inheritance.
Perhaps your sister should be more transparent, but do not assume she is making a grab or that she is a Grinch, she may be trying to do her best in a difficult situation which she may be unfamiliar with.
I hope you will grow closer not further apart as a family.
L