My 60 year old mother has been willfully unemployed for the last 10 years and has been in/out of the hospital and rehab for RX drug and alcohol abuse along with various other health issues due to poor self care. She refuses to allow anyone to see her medical information and for some reason the doctors have not committed her. All of this going on and she takes $2,000 a month from my 87 year old grandmother who is defenseless to say no. I feel like my mother is using her and this is elderly abuse. What can I do legally to stop this from happening and get my grandmother some type of protection emotionally and financially? My mother has partial ownership of my grandmother's home and is currently executor of the Will. I have POA.
Sorry to hear of this difficult family situation. If you are concerned about any type of elder abuse, I would start with Adult Protective Services. I hope a social worker can give you your full options. I don't know if an elder law attorney might be able to offer some assistance as well.
What is this payment "for"? Is it, for example, "rent" for living in a house that is partially owned by your mother? Is it payment for "care" services? If it is simply a gift with no justification, it would create a penalty if Grandma ever needs to apply for Medicaid. Is that a possibility, or is Grandma's financial future secure?
Is GM likely to tell APS that she doesn't really want to give her daughter money but she feels coerced?
If she's mentally OK, and she WANTS to give your mom (her daughter) the money, there's nothing you can do.
If she's mentally OK but DOESN'T want to give it but feels guilty or selfish or is being bullied to give it, you can contact Adult Protective Services and they can make sure your mom has no access to her accounts.
If your grandma has dementia or is otherwise decleared incompetent, you would have control of her accounts.
How does your mom GET the money? Does she have an ATM card or does grandma go with her to the bank?
Why would she have access to the money?