I just found out my sister is taking money out of my mother's account and putting it in an account my mom has no access too. She is POA right now but hopefully will be revoked very soon as paperwork is being prepared. My question is "If this money is being moved into my sister's account and my mom passes away, is this money part of my mom's estate or is it my sister's money? My attorney said he thinks it would be my sister's money but my mother's account will show her SSI being put into her account and then the money being moved out of the account. Does anyone know if this money can be given back once sister is removed as POA. I'm confused and hurt for my mother. We found out when we went to the bank to get some cash out for my mom and noticed by some back statements that between 1,000 and 1,500 is moved each month to an account with my sister and brother in laws name. Any help would be appreciated.
good luck! Your mom's lucky to have you!
Mark My Words... Karma is a strong force....
NATURE takes care of those who take care OF IT, respect and protect it, and HE who neglects and abuses THE GIFTS OF NATURE, will have to suffer the consequences in which they created for themselves with the same disrespect.
Having a PoA does not give anyone the right to do anything against the will and instructions of the family member. Bank records will show that the funds were transferred....these should be recovered.
I am afraid that you will have to take legal action. I doubt that your sis will return the funds voluntarily. My sib did something similar...had Mom take out a credit card and cash advances. When I caught it, only a few hundred dollars had been paid back. Who knows what else was taken before I discovered it. I immediately got Mom's PoA and monitor her accounts. I truly believe that she would still give my sib money to this day!
You are correct to have the PoA revoked. You can have a new one made as long as your Mom is of sound mind. Do whatever you have to do to protect your Mom. Her property and assets belong to HER...she may need them at some point in the future.
Btw, the person who is caring for the parent, should be the one who has both the medical and financial PoAs. If your Mom has substantial liquid assets, ask your attorney about creating a trust...or put the funds into CDs where it is more difficult for "sticky fingers" to access them. Also, check her credit report for any loans taken out in her name. If so, put a fraud alert on it by calling one of the main three credit bureaus.
Good luck...it never ceases to amaze me at how incredibly selfish and cold hearted so-called "family" can be. (hmmm...can one divorce his or her children?)