My mom (87) lives with me, and she only gets $700 a month SS. I'm her caregiver 24/7, and she has lived with me for 6 years. She has 3 other kids that don't even come to see her. I haven't had any time off for 6 years.
My baby sister recently filed for POA on mom and sold mom's house. She didn't give the money to me or mom, she kept all of it for herself. Mom's SS check barely covers the cost of mom's food and her personal bills... I do everything for mom. It has been financially hard due to my husband being the only one working.
POA, sister could not get it without Mom assigning her. Mom would need to be present to sign the document in front of a lawyer and a notary. Even as a POA sister is not entitled to Moms money. That should go into a bank acct for her care only.
You need to contact APS for no other reason than to get the theft on record. If Medicaid is ever involved u will need to prove theft was involved.
I do not know when all of this occurred, but any sale of property belonging to your Mother and in her name on title/deed, is not legal. Open a case by reporting this to APS.
Your sister could have "filed" for guardianship. But not for POA. So check on the facts of all this through APS. Something is missing and askew in this story.
Assuming that your mother is over 65 please also contact the local Office on Aging and see if they have a listing of Elder Care attorneys who can assist at low-cost or perhaps even at least hear the story pro bono.
Wishing you and your family good luck and peace on this journey
HAve you called Adult Protective Services and reported financial abuse of an elder?
DI'd youask mom if she signed a Power of Attorney for your sister? If mom didn't, then you also report fraud.
"My sister should be held responsible for stealing all of her assets. She knows I can't afford a lawyer. Momma doesn't deserve this."
What difference does it make to Momma, since she is living at your house with a 24/7/365 caregiver (you)?
I hope she is paying you what she can from her SS check. Is she? What was going to happen to the proceeds from the sale of the house -- were you going to get it, or was it to be split amongst you and your siblings? (If so, why? YOU are the one who is taking care of her.)
If your mother ever applies for Medicaid (someday her care could easily become too much for you), if it's within 5 years this house sale could affect her eligibility.
Your sister did not just get POA. That is not possible. If she was going that route, your mother would have had to appear in court or a lawyer either retained by the court or by your mother would have had to appear on her behalf. Your mother lives in your house for six years. In that time has she ever heard from a lawyer appointed to her because your sister is petitioning for POA? No one just gets awarded POA by the court because they want it.
This being said, your sister already had your mom's POA. Your mother made the documents in lawyer's office naming your sister her POA. She may not want to admit to it because she lives off of you in your house, but I guarantee if you get a look at those papers, your mom's signature will be on them.
You can put a timeline as to when she started acting as POA. Who was paying the bills at your mother's house for the last six years? The utilities, the homeowner's insurance, the property taxes, the mortgage if there is one?
Where does your mother's mail get delivered? There will be photocopies of cancelled checks included in her monthly bank statements. Somebody pays these bills so there's a signature on the written checks.
You have access to your mom's SS. How are you able to access this money if your sister is the one in charge of all the finances through her POA?
Ask for some bank statements and see if sister's been paying these bills.
Also, when someone has POA, they cannot just abscond with the person's money and liquidate their assets to spend any way they wish.
Follow the money. Start with the bank your mother's SS gets deposited in. Deal with them. They will have a copy of the POA on file otherwise your mother would be the only one able to withdraw from her accounts.
Mom did a POA. You could also be named on that document as well.
If you're not pack her stuff and drop her off on your sister's doorstep.
Have you asked sis for an accounting of the money from the sale?
(or 833–372–8311) when my sister was being scammed. The people answering can provide local & federal resources to access and also offer to open a case number for further assistance.
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