My wife's sister, who holds the POA for their Mother, has elected to place her in an assisted care facility a thousand plus miles away from her and all of the siblings. Recovery from hip surgery from a fall and the onset of dementia is present. Basically the kids all have moved away and there is no one close to effectively manage care on any kind of regular basis.
Getting any kind of information of what the POA holder plans to do has been impossible.
Another suggestion - I've put it to my sister because my mother keeps asking me about it, but it hasn't happened yet - is to ask your sister to provide your mother with a monthly account of all monies spent on your parents' behalf by their POA (i.e. your sister). This is a perfectly reasonable request with which she ought to be happy to comply: it's your parents' money, your mother is entitled to know exactly what it is being spent on.
Here's the but: but you are not entitled to know. Not unless your mother says so, anyway. You need to assure your sister that you're not ferreting around, or she'll fight tooth and nail to prevent the information reaching you.
Your sister is accountable for what she does with the money she's entrusted with - just not to you. I sympathise, it makes me narrow my eyes and think Hmmmm from time to time too, because the whole situation is inevitably wide open to abuse; but that's how it is. Our parents appointed POAs they trusted, it wasn't us, and if they made lousy, ill-thought-through choices that's not our fault. If we don't like it, the theory goes, we can always wash our hands of it and walk...
Tough situation; it's unfortunate that it's turned out this way. Your parents should be able to enjoy the company of all her children, but unfortunately a lot of times it just doesn't work out that way.
Sounds also as if Sis feels she's a high-powered career woman and knows more about finances than her down-to-earth caregiving sister.
Your parents need to change the DPOA - that's probably the only way this situation will be resolved.
I appreciate your explanation.
There is simply no burden at all, the POA should be keeping an accounting of the finances anyhow! So it would just be a matter of mailing or emailing the balance sheets.
FWIW, the proof is: POA, my Sister, wrote checks to herself after visiting my parents over Thanksgiving and when I asked about it, she claimed it was for her hotel bill while visiting....this from someone who makes 6 figures and lives in 3/4 million home....regularly travels in 5 star hotels for pleasure as well as business.
We hashed it out in a meeting with my attorney (Elder Care), parents' attorney (copyright lawyer, an old friend of Sis) and Sis was there on audio only. My parents were there and both instructed Sis to not write any more checks for travel. But there were some other items I'm not going to disclose that also show Sis using parents' money, without prior permission, for her own benefit.
My lawyer clearly identified this as not in accordance with the intent of POA; the parents' lawyer--who is a college friend of Sis--claims that Sis is entitled to be compensated for her time taking care of parents.......which is a major point of disagreement: My lawyer said, No, visiting parents is not reimbursable, but other lawyer said "Oh yes it is!."
I even pointed out to parents' lawyer, who are you working for? Sis, or my parents?
Whereupon the fight continues, since I am NOT compensated for ANY of my 24/7 caretaking duties!. So yes I am offended by Sis literally TAKING money for herself, and never even imagining that it would be appropriate to compensate me for my time.
WORSE YET, Sis has now instructed all financial institutions to discontinue statements emailed to my mom (Dad is not competent). Mom can still dial in and look at the balances, and print them out if she wants. But without regularly receiving the statements, Mom doesn't ever look at them.....
To me this has all appearances of Sis trying to hide further suspicious activity. I would never have known about the other withdrawls if not for Mom having asked me "what is this?" for several items she had no prior knowledge of, and Mom was extremely upset about all of it. See my other posts......
Some of us are on scene, doing all the driving, laundry, meal prep, some exterior work, as well as legal and financial work. Some siblings are local, some are not. Some participate with help, others do not. Those who do not have no idea what it's like to have DPOA responsibilities for someone.
I see no valid reason why I should account for my decisions or actions to someone who doesn't even call except on major holidays and birthdays. The expenditure of time and money I've encountered is not something someone living several states away and who has absolutely no right to judge me or my actions can comprehend or appreciat.
I think this is an issue that splits down the middle between those doing the work and those wanting to oversee someone else's work.
In your case, it sounds as though there are issues beyond that, which is a problem outside of just responsible reporting.
Frankly, I think adding the kind of accounting you suggest would be like adding more burdens to already overworked and stressed out caregivers.
You say you have proof; have you confronted your sibling about these issues? What was her response?
My guy pointed out this problem with the DPOA, that there is no accountability, no checks & balances.
My parents' attorney said it's not a problem, "just ask" the DPOA if you have any questions.
Herein lies the problem: the DPOA is not trustworthy, I have proof (checks she wrote to herself on parents' checking account.....) But there are much bigger problems going on with the DPOA (dad has dementia, and to change the DPOA would be difficult).
SO, I would say, all POA documents and any other documents with parents' bank accounts, etc should all require periodic reporting to ALL beneficiaries, showing who exactly has written checks, made withdrawls, etc. This is the ONLY way that there can in fact be "checks & balances."
There is a reason for the saying "Giving someone DPOA is giving a license to steal."
However, that brings me back to the decision to place her in an assisted care facility, why so far away from everyone? Given the hip recovery, I hope this place has nursing home ,skilled nursing home staff. Assisted living generally don't handle enough of these types of problems.
I would not place a parent thousands of miles away. No one will be able to visit her regularly, make on-site decisions on her health care plan, encourage her as she faces medical issues, shows up to feed her when she will need help getting the food to her mouth. I can't believe the mother would chose to be thousands of miles from everyone she knows, a very isolated old age. Why?
I infer from your post that communications between the sisters are not good. That is a pity, although I appreciate that it's not always something that can be put right. But unless your wife has a better idea, and assuming that her mother's whereabouts are not actually being kept from her - she's still able to call, write, even visit, is she? - then I cannot see what there is to be gained by an attempt to invoke the law.
Presumably the POA sister has selected this ALF on the grounds that it's in her mother's own home location, has she? It's not totally clear whether the POA sister is among the siblings who would be more than a thousand miles distant; but even if she would, she must have had reasons for her choice. What do you think they are? Do you in fact disagree with them?
I long for the day my home sells before the foreclosure lawyers can steal it and I can go back to mom, live close to her, away from the evil family that has turned their back on her and have regular, daily visits, swimming in the pool and walking her little dog, together again. She's 89 this September the 9th.
When I did do a family report its a group one, so no one could say they didn't get it.
When I worked in rest homes, I noted that often it wasn't those close by that visited but those from great distances, I wasn't sure if your POA sister has her mother far away from her also ??? if so that sounds bad management, or just living close to her and away from all the other family. Those drop in visits are necessary and important. IF the dementia is past the point of any return, does the mother even know if anyone has been. ??
I visited my Ma yesterday and walked into the room, she didn't recognise me, as she was busy getting a mirror shifted.. so I went and talked to the staff and 5mins later went back and re-greeted her and got her acknowledgment but realised she knew my name but thinks Im now her sister, not daughter.
guess I haven't answered your question, but cant see why your wife cant ph the rest home her mother is going into, and getting an update that way. HIPPA does not prevent someone of the family being informed how their mother is. And would your wife be prepared to be more physically active in her mothers care, for a better connection. I know how P** off I got with failure for any support from one of my siblings, to even do a check. on the days I couldn't... despite her driving by, just 200 yards from the rest home
In families, there is often one adult child who sacrifices their life (every last ounce of it) to care for aging parents, and or grandparents. This is the adult child who cares about what happens to aging relatives who are loosing their ability to be self sufficient. Often because of illness, a fall, or an apparent mental decline, this is the adult child who is observant of the needs of others instead of being self absorbed as to remain oblivious the the decline that happens to every human being including them.
This population is often just as vulnerable as infants, young children, emerging adolescents, and are preyed up and abused at alarming rates if left alone. They need a close, and trusted person to have their best interests at heart. We don't leave our children alone, nor are we uninterested in what happens to them during the day while interacting with people outside the family domain. I've been horrified by the actions and or lack of action of often times minimum wage, and untrained employees in many managed care facilities. This would include hospital settings, with educated, well paid and trained professionals providing "care." When I asked a nurse for a bedpan for my father at HIS REQUEST to urinate, and when the nurse told me to, "tell him to wet himself because he had a diaper" I was shocked and furious by her reply! Really?!! There was absolutely nothing wrong with him other than being forced to stay in bed because he was a fall risk at the time, and I was not about to allow him to be stripped of his dignity any further. I immediately called on the Patient Advocate informing of the situation, and stating that this nurse was to have no further contact with my father! What would have happened if I had not been there? Is that how any of us want to be treated? Caring for elders is a full time, under appreciated, and often thankless occupation, that unless you choose to take on the burden you have no idea about the personal sacrifice involved. I consider it the "right thing to do" because I'm that way. I hope someday what I model for my child will keep me out of harms way. No one wants to become a burden, but we sometimes don't have that choice.
In my family there has been little concern from other family members until the caregiver has reached a point of sheer exhaustion, both physically, mentally and emotionally. The caregiver eventually reaches the heartbreaking decision to put the elder in an alternative living situation. Then the siblings who've been on the remote sidelines, except with their hands out for the obligatory card and check, all show up up "concerned" voicing their advise and opinions about "what's best." What all that often boils down to is concern about the financial loss of any possible inheritance they assume will be forthcoming.
From my experience the POA or caregiver may be so exhausted and defeated by the lack of involvement of other family members there is also resentment, and feelings of being abandoned by other capable siblings. Perhaps this could be the reason that getting information about the intentions of the POA is "impossible." People generally shut down communication if they feel ignored and left with the sole responsibility for providing care.
The main goal is to make sure the Mother gets the best care and support possible, based on her wishes.
"I thought my mother would be alive so both my parents could reap the rewards of the law suit, but that DID NOT happen."
Before my mother passed away seven months ago I found out that she had horrible bed soars, so I contacted an attorney to help me with this. At this time I did now know my mother would be alive only three more months.
Ever since this suit has been active, two of the other three siblings now think that I've been stealing money from my parents and think that I'm pursuing this suite for my own financial gain mainly because one month after my mother originally went into the hospital I bought a new car. Now I worked all my adult life and have a pension and 401K which I used to buy my car. She appointed me to take care of her's and my father's finances and anything else I had to take care of. So I did. I would also freely tell my sister some of the financial information. Since my integrity was in questions, I offered to she her and my other brother my bank statement which showed the amount I paid off my car and I had a copy of the check send to me from my pension plan which also showed my balance. I thought this would clear the air. I guess it did for a moment until the law suit came into play. My other brother made a comment that my mother should not have been put into a nursing home, but he did not lift one pinky to help -- not one, but he remains to be an accuser.
The only person now that I give any information to whether it be financial or medical is my POA brother. The other three don't really talk to me anymore.
I did every thing I could to help my mother live and continue to help my father live even though he is in the nursing home, and these three have the nerve to say that I am pursing this law suit for my own benefit. I thought my mother would be alive to reap the benefits herself, but that did happen.
My father depends on my a lot even though he is in the nursing home. I call him every day, sometimes twice a day and see him once a week, sometimes twice a week and that still more than they do. They hardly call him and sometimes weeks would go by before they even go see him.
My POA brother told me no matter how transparent you are people are going to think what they're going to think.
After all this I cannot believe to this day how those three think of me, but I will continue to keep doing what I have to do no matter what they say or think. I spoke to my father about this and he supports me 110%.
I feel that if they were active in the caregiving of my mother maybe they would not feel that they didn't deserve anything from the suit. That's how I feel about it.
If anyone is in anything remotely similar to this, I suggest you keep doing what you're doing with confidence and try not to be shaken by nay sayers -- family or not.
Kathy from Hartford, CT
What is your objection? That she's in a nursing home? That's probably where she belongs. Or that you don't know what the long-term plans are? Maybe your SIL doesn't know that either. What she does going forward is probably fully dependent on whether or not mom responds to rehab and gets back on her feet. The nursing home may be temporary or it may be permanent.
If your wife doesn't have a "good enough" relationship with her sister to have conversations with her about mom's care, you don't have much. When the rubber meets the road is a poor time to establish two-way communication.
It's not resentment towards my mom, those days are over. I'm way beyond bitter, resentful or frustrated at mom, I'm destroy by the situation that I am still frustrated with. I'm crushed for myself and for her. My life and health are destroyed. It's time for God's comeback for me. I have to heal myself now that mom is in assisted living where she does not want to be nor needs to be. The evil siblings had the evil judge and courts stuff her in an old folks home on the grounds that I breached my fiduciary duties which were never identified or allegated in court, they just falsely accused it to steal my mother's estate, liquidate and carve up her money for themselves. When there was no evidence against me to prove, they turned on mother and declared her incapacitated. Beware the "justice" system. This is how they make their money, looking for little old ladies to rob. Judges and lawyers are by and large crooks by their very own vocations and by the very system they operate in and how it's set up to rob people. Justice is blind but it is not deaf to the clinking sound of silver and gold in people's pockets. It was not a house of justice for all nor for my mother; instead it was a house of commerce for lawless thieves. The lawless, crooked judge in Yuma Arizona and his appointed thieving lawyers and investigators made exorbitant unwarranted salaries they charged to my mother's estate. They stole my inheritance and the home I stood to inherit but as long as my mother is safe, I know I sacrificed everything, including my own job, own pension, healthcare, my own home which I lost to foreclosure and my entire worldly possessions to help another; I didn't lose it on drugs and alcohol and gambling, nor in attempting to steal from my mother as the liars tried to falsely accuse. But I did lose everything trying to protect, care for and keep my mother alive while the other kids abused her, cleaned her out of all of her money hoping she would die and turned their backs on her when they couldn't get any more money and property that belonged to her. She's alive and safe and sadly, aware of all of the injustice that has happened to her, but her life and care in assisted living where I put her while I recovered her finances has kept her alive and that is my reward. Now, I have to save myself and heal myself. I'm starting completely over again with nothing at the age of 62. Mom and I couldn't love each other more and she has disowned her other children who never call her, now that their lawyers have stolen all the money, having sucked mother dry, they have turned their back on her and are now robbing their own husbands and children. Be very cautious and deadly aware of the greed and avarice in this world. I walked innocently right into it, relying on the letter of the law to protect me and my mother. My sisters and their children (judges, lawyers, investigators, APS, public fiduciary, guardian, county assigned hospice and assisted living managers - it's a racket!!) were all sociopaths and psychotic greedy, selfish liars and thieves, perjuring themselves under oath and putting mom's money in their pockets. I told my mother for 45 years to cast not her pearls before swine. I didn't speak to either of my sisters for 45 years (now their own children are estranged, hate their mothers and have NOTHING to do with them, never speak to their own mothers who aren't even allowed to know their phone numbers; they came and testified in the hearing on their grandmother's and my, their uncle's, behalf. They stay in communication with me and mom, but not with their own mothers whom they despise. I told mom, "don't go into a room with a cobra in it." Stay away from your lying, thieving dishonest children. Those children have all along presumed that everything Mom owned belong to them and by continuing to communicate with her evil children she entitled them to ruin her life. She cries every day for me now and rues the day that she ever included her wicked liars in her life. They left her flat broke and wishing she could go home with her son, the home that their lawyers are now liquidating to pay for their lavish self-paid salaries and at the expense of the son who is now destitute at the age of 62. I was that son who sacrificed everything I had to save my mother when her grandson left her for dead on the lawn of the emergency room, he was too stoned on drugs and didn't want to take her all the way into the emergency room so he dropped her off outside where a male nurse found her, picked her up and took her into emergency ICU - true story. I'm glad I did the right thing but it wasn't fair of the judge and my sisters to put their mother in a home to rot alone and steal her 3 homes when 5 medical experts all declared her competent, but the judge over-ruled their expert evaluations and tests which she passed with flying colors and no doubt to her competency, the judge declaring in court instead: "I'm the expert." (so arrogant he spoke and it's in the transcript), just so he could carry out his agenda to steal her estate! Beware! Take care of your mother but tell no one your intentions. The managers at her assisted living illegally alerted my sister, breaching confidentiality clause in the lease to keep all information private which is only allowed to be divulged to the Power of Attorney, my sister was not her POA, I was, they broke the law and it would cost us too much money to sue them (the whole town of Yuma AZ is a healthcare racket!), when mom and I were giving assisted living her 30 days notice so I could take her back to her beloved home which the grandson was squatting in rent free for 7 years, so his mother, my sister scheduled an illegal 4 day hearing on March 12 (it has to be 2 weeks minimum) in order to block her mother's eviction of the grandson in a legally scheduled hearing on the 13th, and the lawless Yuma judge rescheduled an illegally scheduled hearing, justice delayed, denied, corrupted! Just so the daughter wouldn't have to be responsible for her 37 year old deadbeat son, illiterate, never has had a job in his entire life, she claims he's retarded when he is not, 3 illegitimate kids by 3 different women, and he has never paid a penny in child support in 11 years and has lived off of "grandmommy" his entire life! My Mom financially needed her home back, HER asset and resource in order to recover from the bankruptcy her same daughter and grandson put her in by charging over 100,000 dollars collectively in unauthorized charges to her good credit and her cards behind her back, and by swindling her in fraud investments with them where they promised to "pay her back", then they tried to steal their matriarch's own home in court away from her while their own lawyers stole the estate away from them! So the crooked judge and lawyers and investigators could put the money in their own pockets. The judge and his appointed lawyers and investigators took every penny of Mom's assets for themselves - $300,000 dollars!
The exact price of the sale of mom's ocean view home, 4 bedroom 2 bath home on a cliff over-looking the Pacific ocean on 3 acres. They stole every asset she had to pay themselves salaries and she's heart broken, completely devastated. A good mother and caring grandmother should not have been treated this way, she cared for everyone who abused, neglected her and left her to die after stealing everything she worked a lifetime to earn.
I speak at length about how to establish a care plan based on shared responsibility. There's even a vignette (Dean's Story) about brother's who accomplished cooperation despite a poor relationship. You just might it helpful to read the book before this simmering battle erupts into a full-blown war.
Barbara M.