I am daughter and POA as of 7/20/20. Before that, sister was POA for two years. Had SS and insurance updated to new POA 7/20/20. I did not know of pension money mom was entitled to. Ex POA transferred funds to her own checking account and spent it. What do I do?
1. What records did you get as NEW POA when the old one resigned? A POA is required by law to keep meticulous records of every penny into and out of accounts as they manage finances. They cannot willy-nilly play around with funds and transfers and to do such things they will be working with the fund management which will require papers registered. That is to say there WILL be or SHOULD be a paper trail. I agree with ff. These funds may have been paid to your mother for your mother's needs.
2, Why have you waited until 2025 to address an issue from 2020.
3. Do you still speak with the old POA, your Sis? Can you get records or explanations from her? Or is this a matter of "siblings at war"?
4. What is the estimated loss in funds?
As to statute of limitations, I don't know if you can call in APS to ask how to proceed or if the law can at this point be in any way involved at this late date. You will have to research that question. Some statutes run from the "time it happened" and some from "The time it was discovered".
Will just wish you best of luck in this and hope you'll update us.
If your Mom has her own checking account, it would be better for the Power of Attorney to be co-signer of checks. I did that with my Dad.