If my sibling, who takes care of my Mother, is spending all her income on himself instead of saving it for her, what can I legally do?

Newhampshire, the one question you need to ask is if Mom would even consider moving into a retirement community? She may be of that generation where it would take a team of horses to get an Elder into Independent/Assisted Living, as the elder has a certain stereotype about "nursing homes".

Couple weeks ago my Dad moved into Independent/Assisted Living and is happy as a clam sitting in his recliner watching the weather channel/local news and listening to his fire/EMT scanner. He just doesn't want to go to the social hour to meet people. And I am now backing off figuring he is 94 and he should do what makes his happy, not what makes me happy.

Thank you for all the responses to my question about my mother and brother. I should have noted that only recently she has needed full care up until then she was fully functioning and even contibuted to their hosehold chores. I guess I am upset because he feels he has to hide all financial documents and transactions from us. We are her children too. I also don't feel that she is getting great care from him as she is basically put in a chair all day to play solitaire by herself. If she were in a nursing home or in any home where they would get her up and going and give her some social interaction her life would be richer. Ugggg, guess it doesn't matter because at this point we have no say in the matter.

While I agree with assandache7 about the fact that he is cheap labor and maybe deserves more...my main problem with this is that without a caregiver agreement between him and his mom, the money she gives him will be seen as a gift by Medicaid and cause her to be penalized.

Angel

1000 a month x 12 yrs = $144,000 for 24 hr care 7 days a week... That's $1.36 an hour .. Pretty cheap labor/ living expenses if you ask me..

Some POAs are written to allow for a third party to be privy to finanical records or even that the POA has to submit financial records to a third party for review - but this must be written into the document. Without this stipulation you have no recourse. Have you seen the document? If not, that can be a battle in itself. You may be able to contact the attorney who drew up the document and ask him to review it to determine if there is such a clause.

Perhaps brother set up a caregiver agreement (through a lawyer) and this is the method of payment that has been agreed upon (although I doubt it). The statements, of course, would be available from the bank.

If he is POA, then he is driving the bus. Just make sure that he understands that when she becomes doubly incontinent, there will be no help coming from Medicaid, or from you.

No, he is Mom's POA and entrusted by you mom to carry on her business. This many times does not include letting siblings kbniw her finances. Does mom have dementia? Does she pay anything towards household expenses while living with brother? Look to see what it would cost for Mom to be in a facility vs what she seems to be paying your brother to live with him.