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Katie18 Asked June 2018

My sister came from out of state and got my mother's medical POA and durable POA taken away from me by a temporary court order. Any advice?

While I had my mom POA I got 2 cashiers checks made out to my mom and also my name as a POA. I just went to court and my sister is was awarded the temp custodial until next court date. I turned the cashiers checks over to the court. Through the grapevine my sister is threatening to file criminal charges against me for elder care abuse. Can you shed some light please on this.

jeannegibbs Jun 2018
BTW, if I had discovered that one of my sisters had withdrawn significant amounts from our mother's account, I would want to know why. If that sister had POA, I would realize she had no obligation to tell me, but the 7 of us sibs have good relationships. and the family was never dysfunctional, so I expect we could have discussed what was going on. If I thought the withdrawal was not in mother's best interest, I would offer suggestions. For example, if she had emptied the account in an attempt to hide Mom's money from Medicaid, I would explain why that was a very bad idea and help to straighten the situation out.

Court would be an absolute last resort!

Did you and your sister discuss the reasons behind the cashier's checks? Did she have any suggestions for better ways to handle things? Did you get into a big argument?

Do you come from a dysfunctional family?

Do you have a long history of a bad relationship with this sister?

Maybe, possibly, as an absolute last resort if we could not resolve the issues by discussions within the family and I really feared Mom's best interests where at risk, maybe then I'd reluctantly go to court, or APS. But I don't see that as a normal first reaction in a loving family.

So, help us understand the background of your situation. Maybe someone will have some insight in how to resolve this.

jeannegibbs Jun 2018
Your sister was awarded "temp custodial." Does that mean your sister is living with her? Is home in her own home or in a care facility?

How soon is the next court date? Do you have an attorney for this court appearance? Is Sister trying to obtain Guardianship?

As Ahmijoy suggested we'll need more details before discussing this with you.

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Ahmijoy Jun 2018
No, but you need to before we could offer an opinion or any advice. Why was your POA revoked? Did it have anything to do with these checks you had drawn? What were they for? What proof did your sister show to have your POA revoked? What proof does she have that you are committing elder abuse? Was Mom in on any of this? We need more information on what’s going on.

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