My brother has been taking money from mom's accounts. Would a judge revoke his POA if I take him to court?

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Concernformom Asked September 2017

My brother has been taking money from mom's accounts. Would a judge revoke his POA if I take him to court?

My mom was officially diagnosed with dementia on June 24, 2015. My brother took her to an attorney and got POA on August 19, 2015. He took her to get a Life Estate Deed For both of her homes on 8/24/2015. He also put himself and his wife on her bank account and took out $25,000. I retired one year ago and am finding out everything he has done. He also has 4 credit cards he is using that are in her name. There is approximately $21,000 in credit card debt. Some charges he puts on there are hers and he has been paying the minimum due for the past year. However, there are charges for plane tickets, kids soccer camp and his bills such as a $500 + cell phone bill. These took place about 3-4 years ago. He was reported to adult protective services for taking money from her account however mom did not want to press charges. Would a judge revoke his POA if I take him to court or is my mom screwed over by him?

Alzheimer's & Dementia Financial Planning Power of Attorney (POA) Relationships

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score 0 · Answer 1

I have an attorney now so no worries. He believes the same as I do. A person with power of attorney does not have the right to take the persons money they have POA of for personal use. They do not have the right to take her and sign to get on her bank account and withdraw $25,000 without her consent or knowledge. This was done less than 2 months after he took her to get power of attorney and exactly 3 months after diagnosis of dementia.

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score 1 · Answer 2

CFM, if anything shocked you, I am sorry for that. But, that is the way it is. And nobody can request joint POA, that is completely mom's decision. And forgetting names? My mom, since I was a little kid, ran through the entire list of names of her children which sometimes included her deceased older sister who passed in 1953 and her other sister that was 15 years younger. Competency can only be determined by, usually two doctors, that agree.

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score 1 · Answer 3

Could you please enlighten me - why does Glad's answer shock you? She's stated what's commonly known for Medicaid qualification, i.e., the interpretation of "gifting" for Medicaid purposes. That's how Medicaid views it . Perhaps I misunderstood you, but I didn't read anything in Glad's answer that would be shocking. If I misunderstood the "shocking" comment, I do apologize. Glad is one of many here who try to offer helpful answers.

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score 0 · Answer 4

I do not believe mom was competent when he received POA. Her grandkids will testify that she could not remember their names at that same time. My cousin and uncle who live close to her and talked to her daily said that she was not competent. I requested joint power of attorney with my brother a little less than a year after he took her to get it. He stated she's not competent to decide that. I do not believe people with POA are legally able to misuse funds. Do you? Your answer truly shocks me! I will be making another APS report. The original report was only a few months after he received POA.

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score 3 · Answer 5

Sounds like mom may still competent early in her disease. When was bro reported to APS? You may want to try again. If mom is competent would she change her POA? Any chance that mom may need Medicaid in the future? If so, anything bro has taken from mom will be considered a gift and a time of penalty, dollar for dollar, that mom would be denied coverage. Talk to an elder law attorney for information on what your options may be.

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My brother has been taking money from mom's accounts. Would a judge revoke his POA if I take him to court?

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