Follow
Share

My mom opened her mail last week and said "OH MY GOD SHE DID IT AGAIN". On her checking account was another check for over $400 to her lawyer, written by my sister.
She currently does has this sister as POA, but sis is not doing a good job, every time sis needs an answer to her questions, she runs to an attorney and pays the bill out of mom' s checking account.
Also she has failed to pay some bills on time, and always files an extension on mom's taxes which really bothers my mom.
OH-- yes, and also she charges my mom about $100 a month for "time" spent taking care of mom's "estate issues" but my sister is not a lawyer or anything like that (she pays her own lawyer out of mom's checking account).
I live 2 blocks from mom and bring her dinner every day, drive her anywhere she wants, take her to church, everything.
Sister lives about 10 hours away and while she tries to handle things, her way,
MOM DOES NOT LIKE what is going on.
I want to help my mom, and my mom asks me for my advice, and that's why I'm here.
I am financially secure and don't need mom's money, but I don't really want to hire an attorney and only be told "You have no right to be telling the POA what to do".

I also don't want to alienate my sister (even though she has really been behaving badly to mom I don't want to return the favor!), or keep my sister away from mom,
BUT SERIOUSLY, can't mom's money just be her own, and aren't there any limits to this POA thing?

This question has been closed for answers. Ask a New Question.
If Mom is unhappy with the job her current POA is doing she is entitled to revoke that and desigante someone else.
Helpful Answer (1)
Report

My mom's POA states that the agent can compensate themselves fairly, whatever the heck that means. And it also states that POA may retain an attorney to be paid with mom's money for estate purposes.

Is your mom competent? Would an attorney allow her to change POA? Would your mom want to? Yes, if the change were made your sisters feelings may be hurt. Is there a trust? Is there a requirement for financial reporting either to your mother or other beneficiaries?

If I were in your sister's shoes I would check with an attorney before I made any major decisions especially if I had siblings that questioned me. My sister, POA, started to run things by moms attorney, did not like what she was told, then fired that attorney, retained another one that she proceeded to lie to about the situation. Attorney #2 took sister at her word, did not verify critical information before representing her. It has turned into a nightmare, unscrupulous attorney, greedy daughter POA.
Helpful Answer (1)
Report

First let's see what the $400 is for. April 15 is tax day, and since this is a recent bill, I'm going to guess it has something to do with the 2013 tax return. Did anyone ask what it is for?
Helpful Answer (1)
Report

A POA cannot gift themselves for what they do. Nor should she be paying her own lawyer from your mother's money. My advice is to ask your mother to remove your sister as POA and give it to you. I might see an atty about your sister's illegal activity as POA.
Helpful Answer (0)
Report

It sounds like a complex estate if it needs a lawyer. If you think you know how to do her taxes, jump right in there and help. Then she won't have to call the lawyer, the banker, the accountant etc.
Helpful Answer (0)
Report

In my visit with mom today, she showed me her POA documents and will, and while the POA is durable and allows sis to write checks, transfer money, even sell her house (gulp!), the will has a different scope and doesn't allow the Executress (sis) to pay herself for handling the final affairs.
So perhaps sis is mixing these 2 documents up in her mind?
Mom wants me to take her to visit attorney to discuss all of this, and I am happy to do that.
Taxes---I reviewed the copies from TurbTaxes that sis did mail to my mom, and there was no tax due because mom only lives on her soc sec check and a very small pension. So the $400+ check is a mystery.
Why wouldn't the attorney send a duplicate copy of the bill and what it was for, directly to my mom?
Helpful Answer (0)
Report

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