mom living with step sister and misusing meds and monies, she has a history of making bad decisions. her brother has POA however he rarely comes around and does not check on mom. We have called him regarding situations but he does not take it seriously. Mom is depressed and turned 80 years old today Please advise
Defrauding an older person may be a form of financial abuse, which is strictly prohibited by the elder abuse laws in effect in every state. If you're fairly certain that some financial abuse is occurring and have good evidence to prove it, such as past-due bills that should have been paid for the principal, or receipts showing the agent used the principal's money for his or her own gain, consider consulting the office of adult protective services nearest to where the older person lives. You can find contact information by doing an Internet search of adult protective services along with the name of the state. Most of these agencies operate confidential hotlines to help callers define and direct their complaints, can provide referrals to local sources for more help, and sometimes undertake investigations on their own.
Finally -- again, if you're fairly certain that financial abuse has occurred and have some solid evidence to prove it -- consider hiring an elder law attorney for help in filing a claim against the agent. Before making any decision to hire, make sure the lawyer is experienced in seeking compensation from people who have abused and misused powers of attorney by intentionally stealing property or negligently handling someone else's property. These are always sticky situations, but if you can prove it you can change it. You made no mention of dementia so if your mother is of sound mind this should be easy to apply for guadianship over your mother. You could also contact elder abuse with your concerns because from what you are suggesting is abuse. It is fraud. Good luck with this hope it helps.