I live in Pennsylvania, my 81 year old mother lives in Mississippi with my sister. My sister works a lot and my mother is left alone a lot. Her short term memory is very poor. She is with me now in PA and I am trying to get her in to see a geriatric medicine physician so we can have a good evaluation, diagnosis and treatment plan. I have a brother in Florida and a niece in Mississippi who drain my mother's finances with manipulation, deceit and wearing her down. Her income is nearly $2000 and her expenses leave her about $900 per month, yet she is always out of money 2-1/2 weeks before her next check is due. She is finally agreeable to having me be her financial power of attorney to get her bills paid, make sure her needs are met, and say no to my brother and niece. Does it matter where I get the financial POA?
- for banking an out of state DPOA worked with no problems as I also maintained a bank account in my name at moms bank (Frost which is TX only) AND I was a signature on her account and it was POD to me & all done well before she got dotty.
- If there is a banking group that is in your state & MS I'd look to have her bank there & close out others.
- MS revised its POA conditions (MS HB 468), so if there's a old POA done before 7/13, it's probably got issues in being accepted. Mom needs a new one done in MS with MS notary seal if she's a MS resident. Also a lot of places (banks, ups stores) that in the past in MS that would notarize documents will no longer do them for anything beyond vehicle transfers or other simple stuff. There was a lot of illegit paperwork shenanigans after Katrina & Deepwater Horizon, so notaries gun shy. Long story short, you need MS atty. Btw there's just a handful of NAELA level atty in MS, you may be better off finding one in LA that also holds a MS license.
- DPOA can be registered at moms county courthouse. Most states don't do this at all. But MS does. If you anticipate problems with family continuing, your going to want your DPOA registered at the CH. If your mom still has a home I'd suggest when you go to register the DPOA that you also pay for a copy of all documents attached to the PPIN. In MS, all are pretty cheap, like $ 8.00 for a Warranty Deed. I'd be concerned that brother has her home as collateral for his borrowing.... So you want to see if any judgements or any other "clouds" placed.
BUT
- the bigger problem still remains that IF mom still has access to her checkbook or debit card or can go to the bank, she can continue to give $ to whomever. Being DPOA does not keep that from happening. To absolutely keep that from happening you would need to file for guardianship. This site has oodles of great posts on guardianship adventures. The biggest hurdle imo will be that as mom is a MS resident then the MS judge will want the guardian to themselves be a MS resident. Which you are not but your moms NAELA atty could be. Or the judge appoints an outside guardian from a vetted list judge has at the ready. Or family puts on a show and gets appointed.
If your deadbeat family (we all have them, my moms was a worthless nephew), just will not stop asking for and getting $ from mom, your choices are stark..... Probably moving your mom to your state would be ideal as you can oversee both healthcare & finances with less drama.
If you anticipate Medicaid will be applied for there will be issues with whatever $ mom gave to others. MS Medicaid will want 3 years back of all financials initially and if any issues will require a full 5 year lookback and within 30 days from letter of request. If you needed to gather these could you find & copy all within a week or weekend or two??? That $ to brother & niece will be viewed as gifting and will snag moms approval till forever as there will be a transfer penalty. It sounds like they are draining her $ 1,100 each month. If this has been happening the full 5 yr period of the lookback, it would be $ 66k. Roughly 415 days of Medicaid NH ineligibility which somebody would need to private pay for her NH stay.
Moms atty will have to be very proactive in all this to get her hopefully past any gifting / transfer penalties by MS Medicaid. MS has really tightened up on SNAP & Medicaid with rolls down about 30-40% and this before whatever happens with the ACA repeal. It's not pretty as MS is beyond poor.
None of this is simple. To me - unless you can go all bad witch with errant family - you are going to need an NAELA atty & ASAP to protect moms best interest.
If you think your Mom can still understand what is a Power of Attorney, I would have a new one drawn up in the State where she lives. And as Sunny had mentioned above, also a new medical POA, Advance Medical Directive, and even a new Will which reflects the State laws of PA if that is where Mom is now living.
I would highly recommend you use an Elder Law Attorney. And while you are at the law office, update your own POA, etc. to reflect current laws.