Follow
Share

Can sister who has power of attorney cut me off from all the finances and closed my mother's checking account

Find Care & Housing
The financial POA can do this, yes. Mom's social security would have to go into another account, but sister could set one up that you have no access to.

As moms primary caregiver, you should have a contract drawn up to receive a certain amount of money each week or month, and no more. No child should have access to all their parents finances to use on themselves.
Helpful Answer (4)
Reply to lealonnie1
Report

Why are you dependent on your mother's income and not your own?
And yes if your sister is your mother's POA she now has to do what is in the best interest of your mother not you, and that may mean that all of your mother's money now goes towards her care which is only right.
I hope you're able to find a job and can now start paying your own way in this life, as that is how it should be.
Helpful Answer (3)
Reply to funkygrandma59
Report

If she has POA, then yes, she can cut you off. Mom's money is for her and her care. If you agree to be her caregiver, then you and mom and sis need to come to an agreement on how much you get paid. Right now, though, you aren't doing any caregiving because mom is in a nursing home. Is she expected to come home? If so, and if you want to be paid to be her caregiver, you must come to an agreement with your sister and mother if she's competent.
Helpful Answer (2)
Reply to mstrbill
Report

If you and Mom had a written agreement - you giving up outside work to be full-time with Mom - you might have something to appeal with Sis. But, it seems circumstances have changed - Mom may get stuck there, Sis is managing her finances - so it may be wise to ramp up your job skills (I know folks who've gotten on-the-job training as pharmacy technicians) and support Mom emotionally with visits and calls.
Helpful Answer (3)
Reply to ravensdottir
Report

I agree with mstrbill. Your sister has POA. That means that she can change your mother's accounts. However, if she cannot have mom re-direct her social security as representative payee for SS she may have a more difficult time having the SS check changed from current account to new account. She can, therefore, move all funds from the current accounts putting them in your mother's name only with her as POA and signee on checks. It "may" be more difficult to get SS check moved to new accounts and it may not. Depends on the bank's rules.
You should not have been accessing money from your mother's accounts for yourself. Your mother's money is hers. If you were her caregiver, and living with her free of charge, you may have had a right to her funds in order to shop for food and so on. That should have been by a contract drawn by an elder law attorney.

Not going through legal steps often ends this way, and we have many times seen caregivers end up with their elder in care, or passed on, and those caregivers with no jobs, no job history and no income. We usually direct them to homeless shelters because we have no idea what other options there may be.

If you were primary caregiver for your mother I hope that you were not estranged from your POA sister. I hope that the two of you can talk and discuss.
I am sorry and wish you the best going forward.
Helpful Answer (1)
Reply to AlvaDeer
Report

Ask a Question
Subscribe to
Our Newsletter