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This has been a longstanding account she just had her name on. About 10 months ago my brother put his name on her account as she has mild dementia. She lives on her own in an apartment. My brother lost his job last November and fired the aide’s that came a few hours a day. Since then he takes all her money except her rent and what is needed for medical and cable etc. which is about $3,000 he takes. He deletes her banking app from her phone and doesn’t give her access to her debit card. Nobody is allowed to see the bank statements and she used to have 75,000 in savings that is now down to 30,000. She had me take her to the bank when I visited so she could see what is going on. If I confront him he will say you take care of her then which is not a problem but I live in another state. I have offered to move her in the past but he always comes up with excuse she shouldn’t leave. Do I have any rights?

Sorry, but no one is able to "put his own name on her accounts". Banks don't allow you to march into the Bank and put your own name on the account of anyone else. They would lose licensure to operate that day from the government.

Your brother clearly has some legal authority to act. If you have proof of fraud or theft you go A) to APS B) to the Police C) to the Sheriff D) to the DA in your county. You provide them with all proof of theft.

This is a CRIME. If you have proof take it to the authorities.
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mstrbill Oct 28, 2024
Both would have gone to the bank together. I’m gathering brother convinced mom to do this. It is commonly done, but most children don’t take advantage or steal from the account,
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I agree that no bank just allows a person to put their name jointly on an account if they are not an active PoA for the account holder.

Have you asked your brother if he is your Mom's PoA? I don't know why he wouldn't show you the paperwork or why your Mom wouldn't have a copy of her own (which the elder law attorney usually provides an original notarized copy to the principal and each agent).

Perhaps he is paying for other care-related items from her account. Care is expensive. Services are expensive, labor is expensive. If you don't see your Mom every day you may not realize just how much cognitive or memory decline she has and this is why he deleted her banking app: so that she can't do anything financially unsound. My Mom doesn't go online (she's 95). I do print out her statements whenever she asks. The statements now confuse her more...

If you believe your brother is committing a financial crime then you need to go to an attorney with hard evidence, starting with whether he is the PoA or not (which the attorney can find out). Until you figure out what's really going on don't be confrontational with him. Someone with fiduciary responsibilities like a PoA are not supposed to give out sensitive and private info or access for the person they are acting for.
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mstrbill Oct 28, 2024
Geaton, the banks do add someone else to the account if both parties go to the bank, present ID and fill out and sign paperwork. You don’t have to hold POA.
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So I'm gathering what happened is brother convinced mom to go to the bank and add his name to the account. She would have to have done this, both she and he would have gone to the bank together, presented ID, and she told the bank to add him to the account. They signed paperwork and it was done. There is nothing wrong with that, both of my parents added me to theirs as well. It makes it so much easier if something happened to mom to quickly be able to access the money. It becomes a problem though if the child betrays parents trusts and uses that money for the wrong purposes. It does sound to me that elder abuse is going on here based on what you have said. What you could do if you wanted would be to call APS in their state and tell them what you have said here. If they believe you are credible, they will open an investigation which will include interviewing mom and brother and reviewing bank records. I believe they do have the ability to work with the bank, and protect the rest of her assets if necessary. That's really the only thing you can do I believe. Call APS. You can call the police but I think they would direct you to APS as well. Other than that, there is not much more you can do as far as I am aware of.

Just to edit, obviously that would likely destroy any relationship with your brother that you have, and if he does get in trouble, that will leave you to take care of mom, or have the state find someone else to take guardianship over her when/if necessary.
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Mom had to have allowed brother to be added to her account or he committed fraud to do so. Does she remember doing this? Would she deny doing it out of embarrassment or protecting him? If her dementia isn’t advanced she can and should draw up Power of Attorney documents to name the person she most trusts to make decisions for her for her financial and healthcare interests for the coming time when she cannot. She can also decide what to do with her banking, including closing this account and moving her deposits to a new account, one brother has no access to. This will do no good if she can be talked into allowing him access again
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He cannot use Moms money for personal gain. I would call SS and her pension and ask to become her payee. When you have gotten payee statis I would open another account in Moms name and have the money going there. Her name would be on it but put yours on it too. The bank can help u with this. Do not give brother any info. Being POA does not mean he can be payee. SS does not recognize POA. Not sure how he got put on her acct with her having Denentia. As POA he cannot use her money for personal reasons. IMO, this is fraud and I would call APS to investigate.
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