Follow
Share

She doesn't know I'm aware of it. I used to keep track of my mother's accounts for her. My sister thought she blocked access by changing all the online passwords, but I found a way to access recent purchases by phone, and have documented purchases for jewelry, men's clothing, eBay, and my sisters personal groceries.
My mother was supposed to come & live with me, but my sister refused to allow me to move her. She claims she had my mother declared incompetent, but won't provide proof and won't provide the attorney's info.
I called an attorney, who wanted $500 just to speak with me. Based on the consultation fee, I'm looking at thousands in legal fees which I just don't have. Does anyone know how to force her to provide a formal accounting and other methods that I can do myself to put a stop to this ?
Thanks for ANY help.

This question has been closed for answers. Ask a New Question.
You must have a lawyer for this. You will have to apply to be guardian I suspect and that will mean the sister bringing her account of how funds are spent before a judge. Careful records are to be kept by any power of attorney. Abuse of this will have POA removed at once. This is major legal. Unfortunately (and I walked into a lawyer's office myself today -- 450.00 an hour is doing GOOD in California) this is the going fee, which is now about 300 to 700 an hour throughout the country and mostly dependent on location. This is something that you can conceivably recover if you are made POA but I would pass that by the court and you must now start your own very complete WITH RECEIPTS diary. Every word you have for proof must be completely put down, and there will be an investigation. But this is legal stuff, law stuff, and you might consider starting with the local Adult Protective in your Mom's town. And do remember, if your mother does NOT have dementia that is documented, and gave her permission for these purchases, then there may be no recourse here.
Helpful Answer (1)
Report

APS is a cheaper route, and sometimes faster but it is out of your control. APS may bring charges against your sister, which may not be what your mother wants.
Helpful Answer (1)
Report

If you file a petition for guardianship based on your sister misusing the POA, the court will appoint a guardian ad litum to investigate who will be able to access all your mother's financial and medical records. The guardian ad litum is paid from your mother's funds and if you are granted guardianship you will be reimbursed your costs in most states. Most good elder law attorneys provide a free consultation, so I would look for another lawyer for the initial consultation.

After a free consultation, I paid the TN attorney a $2500 retainer to file the petition for my father's guardianship and then another $1500 when we went to court because my father and a brother contested the petition. If it had been uncontested, it would have been completed for the $2500. It's possible your sister will decide not to contest the petition after the guardian ad litum finds evidence of her misfeasance. I was reimbursed from my father's funds.

Are you also living in NY state?

BTW: a springing POA that is not filed in the county your mother lives is in a legal gray area. Law enforcement tends to ignore the claim of a un-filed POA. I question whether you sister can legally prevent your mother's move without at least showing you the POA and the doctors' statements (sometimes it takes 2 doctors) declaring your mother incompetent. Without the doctor's statements your mother can do what she wants.
Helpful Answer (0)
Report

Perhaps look up and call local APS.
Helpful Answer (0)
Report

This question has been closed for answers. Ask a New Question.
Ask a Question
Subscribe to
Our Newsletter