I have Power of Attorney for my mom for 5 years now and have been taking care of all of my moms finances for all those years. My mom had a stroke last year and now lives with me and i take care of her 24/7 with absolutley no help from the other 4 sibblings. They are requesting monthly statements from me and if I don't give it to them they said they will have a Lawyer contact me. I do not charge my mom anything to live here except for her own expenses such as food, supplies, gas to get supplies, and sitters to watch her while I get her supplies. They also are requesting to send her back to her own home so they can help with her care because they are uncomfortable helping me at my own home. This is making me nuts. My mom does not want to leave my home to go back there but they just don't believe me even though she tells them that. My mom is very happy here and all of her needs are being met except I am getting burned out. I have asked them to watch her for 1 day out of the week so I can get some rest because of the fibromyalgia that I have is taking a toll on me. Any suggestions would be greatly appreciated.
Silly us -- we took him at his word.he is now demanding an independent audit. Can he do that, and does there need to be accountability for that period? We did not keep receipts and records. We were just trying to stay ahead of the dimentia.
Not sure where I am with this. Can you help?
K
That's one way to look at it; because actually agreeing to it might be the easiest and fastest way to make this problem go away. N.b. if your brother wants it done, it's your brother who pays the auditor of course. And by independent, make sure he means independent as opposed to forensic and litigious.
But let's suppose he is out to get you. In that case, he would have to find evidence that you did abuse your POA - the Maserati in the driveway, the Facebook photos of your cruise round the Caribbean, that kind of thing. In other words, the onus would be on him to prove that you DID, not on you to prove the negative that you didn't.
For peace of mind in the interim, check with a specialist elder care lawyer. But don't despair, and don't stick your head in the sand either. Please update, hope it works out okay.
My sister has finally returned my calls and told me that dad has taken a grave turn. She asked me to see him. Thank God. I was thrilled and relieved to be welcomed back. My sister and her husband work full time jobs. I do not. I have ample time to be of assistance to my dad. Daddy cried when he saw me. I know he misses me. I miss him terribly. He is down to 145 pounds. He is a 6'4" man. She is starving him to death. Literally. I need answers. I need to know what power I have to care for him again. He is suffering a painful death. This discovery is devastating me. Yesterday she called Kaiser and removed my authority to act. This must be a part of her way of coping with the loss of the second parent. It's cruel and heartless. I've never seen this side of my sister. She and her husband are alcoholics. I suspected that they have been giving my dad beer. I was right. My dad confirmed this with his few words last week at a Super Bowl party. I showed up unannounced and they scattered like ants trying to hide the alcohol. It's like dealing with irresponsible children.
My questions are many. I know she is the trustee and executor of their substantial estate. Do I have the right to view the revocable trust? Mom's or dad's will? She still has not provided me with any financial statements or account balances, etc. I have no idea how she is handling this estate. How do I know that she's not spending the money on herself? But what about the ability to care for my father's medical needs? I have a copy of a DNR signed by my mother before she passed. But I have no document showing that my sister has the authority to act for my dad. I believe she has a POA signed but how do I know that includes the ability to act for my dad's financial AND medical needs? I need help.
We don't know over what period he has been losing weight, or what other conditions he may have, or how long it is since Dmoveup last saw him.
D, I'm sorry for your loss of your mother, so recently, and I'm sorry for your anxieties about your father. Who was caring for him before your sister moved in?
DM was living with her mother until her mother sadly died in November. In November, sister moved in with Dad at his house without informing DM - so presumably the parents were no longer together? And so who was caring for Dad beforehand? - it just crosses my mind that his weight could conceivably be up to 145 lbs, rather than down to 145 lbs, for example.
There is now in-home care, but how long has that been in place?
DM, is there a family lawyer who dealt with the trust and so on? Could you perhaps start there for advice?
* Just make sure they have no access to any of the money and don't let them have their names on the accounts or attached to any of the assets.
Our preciousness Uncle in August 2014 had a massive stroke. His younger sister lives in America, and our mother his other sister lived across the road from Uncle Peter. Uncle Peter named myself and my sister as his POA. His sister in America was absolute furious that we were asked to do this. When our uncle had his stroke, I was living in Cyprus, I got an urgent flight back with my husband straight away as my aunt had requested me to do this. For years I had cleaned my uncle Peter home and our mother who as I said lived across from uncle Peter for 40 years had always had a key for his home. When I got back to edinburgh I and my husband went straight to the hospital to see my uncle, he was very unwell. So over the next 5 weeks I visited the hospital every day spending 6 to 8 hours a day consorting uncle Peter, my sister Susan visited every night also traveling 60 miles a day.
Our aunt from America, our mother sister arrived 6 weeks later, as Uncle Peyer flat was empty and it was just across the road from her sister, me and my mum thought it would be better if our aunt stayed in our uncle/ brothers flat. So our aunt arrived from America, staying in her brothers flat. I went to pick her up the day after her arrival as my sons had invited us over for dinner. When I arrived to pick my aunt up at my uncles flat, she had opened his personnel documents, which held his will and his POA. The reason I know this as the documents were lying on my uncle table, she never mentioned anything to me that whole day that she had found his will and his POA.
The following day the Monday she called our uncles lawyer to see if she could have myself and my sister removed as POA, the reason I know this is that our uncle lawyer told us this. She then proceeded to change the locks on our uncle flat. She said that the lock was faulty, if that was the case why didn't she give my mother a copy of the new key, and why was she not more transparent with her actions.
Our aunt locked us all out of her brother flat, as she was the sole benifishery to our uncles estate and the sole exector. We had to have lawyers letters sent to our aunt at our uncle flat, so we could gain access to do our job as POA, she refused us access to his flat it was only after 2 lawyers letters were sent and she was going back to America that she gave us access to our uncles flat. As you can imagine our mother was appalled by her sisters behaviour. While our aunt locked us out of our uncles home, she made a full intinary of ever single item in her brothers home.
Our aunt went back to America after causing mayhem to the family in Scotland, never to be seen again until 20 months later. She came over to see her brother, I forgave my aunt for her behaviour but my mother did not. When our aunt came back to see her brother some 20 months later, she asked me if she could as her brother exector book his funeral, I said yes off course, so she did and paid for it in full, telling the funeral home in edinburgh that if anything happens to her brother they were to take instruction from me.
I'm now going to go back to when myself and my sister as our uncles POA, what we had to deal with on a daily bases. Our mother and our aunt asked that as our uncles POA there brother never ever be placed into a nursing home. But in order for this to happned our uncles flat had to be fully adapted to meet his now requirements. That meant me giving up my life in Cyprus and having to return back to edinburgh. But I loved my uncle so much this seemed a small sacrifice to make, even though the financial difficulty we had to deal with also on making this sacrifice. Any way we did it myself and my husband returned from Cyprus to assist with the works that were required to make our uncles flat liveable for him to return home.
We did all of this over 5 months, whilst visiting uncle Peter every single day in hospital, for hours every single day myself and my sister took our uncle waning home also every day, at night doing wading all night that was soiled with human wast, months and months of time our lives, then meeting with doctors Occupational therapists, meeting with care companies, trying to get the right care company to look after uncle Peter at home, we gave up our lives.
Our uncle was a very wealth gentleman, and we made sure he had the best of the best in his last 24 months on this earth.
We had full POA no restrictions, our uncle trusted us impeccable, it's a pity our aunt didn't.
She has served a citation on myself and my sister, to provide accountability for every penny we spent, over the last 2 years.
We bought our uncle a car, so we could take him out safely, the car had to accommodate a wheelchair and Zimmer. The car had heated seats Uncle Peter loved his car. Had we waited for a disabled car the waiting list was 3 months, he needed to get out from hospital ASAP as this was a Hugh benefit to his health and well being. Uncle Peter had to have 24 hour care in place to stay at home. He only had a 1 bedroom end flat so the care company only available had x3 different carers coming into his home ever day, he absoluty hated this all these different people coming in and out his home every day. This care company cost per month were £10,500.00 for 28 days care. We had lots if issues with this care company, sending staff that could not speak English, them not looking after our uncle properly. My sister Susan did all the daily shopping every day visiting uncle Peter for 4 to 5 hours a day travelling miles to see him every day.
Susan was on call 24 hours a day 7 days a week, had no social life what so ever and my aunt is questioning the salary she was paid at 10 per hour.
We gave small gift to the family from there beloved uncle, which it said as his acting POA we could do.
When Uncle Peter passed, on October 11th 2016, my son called the funeral home, the information that my aunt gave me as she had booked and paid for the funeral. The funeral home duly came and collected Uncle Peter in the middle of the night. The next morning my son again called the funeral home to confirm that they had his Uncle, he said yes I believe my aunt has already arranged the funeral. There reply was no she cancelled it.
Our aunt then not 36 hours after or uncle death locked us out of his flat, we haven't even got our uncles passport to register his death.
I don't know what's going to happen to me and my sister, all we ever did was love and adore our precious uncle, it breaks my heart that our aunt is using our uncle money to do this to us.
I'm now being placed into debt, by myself and my sister having to hire a lawyer to defend ourselves for what we do not know. it is disgusting that this is allowed to happen, the only reason she is doing this is beacause she is in a financial position to do it.
Our aunt never attended her brother funeral, we had to arrange everything. She left her brother in a state of undress in the funeral home for 10 days, our mother who has little had to go and buy her brother a suit, shirt and tie and shoes, so the funeral home could dress him for people to go and visit him for the last time.
We have supplied 90% of the receipts. But what I would say to anyone is never ever ever take on the role of a POA unless your an exector and benifishery of the will. We the family will never ever understand why Uncle Peter left everything to his sister in America, our mother and the rest of the family have our own thoughts on this but I will leave it there.
Our mother was in the will to be left everything but only if our aunt died.
Your aunt sounds like a piece of work. It's very sad when people get so fixated on the money they forget all about everything else - including what the money needs to have been spent on. She probably truly believes that she's "defending" your uncle's interests and wishes; there'd be no talking to her. Sigh.
Yes, your siblings are right to be concerned, good for them! Too many times we here sad stories where some poor soul who had some kind of authority over someone else's matters became a monster, especially when they were given power to make financial decisions for someone else. Money is just too tempting to give that kind of power to anyone, and I think you should work with your siblings if you have nothing to hide. If you have nothing to hide, then be transparent and give an account of where her money is going and show proof through receipts. If you have nothing to hide, prove it and put them at ease so they're not suspicious of you, especially in this day where so many vulnerable people are taking advantage of behind the families' back's. Putting myself in the shoes of your siblings, I would be very suspicious of anyone who acted like they were trying to hide something, I don't blame them! As long as their hearts are in the right place, they should be very concerned and yes, they deserve very honest answers and the proof to back it up
Good luck!!
Usually, if you were also recognized by a judge as the legal POA, you do an annual accounting to the judge. That is the only legally binding ledger you can be held accountable for; however, your siblings can hire a lawyer and make your life miserable. Be open. Document. Speak with your lawyer.
Darby
They are only interested in what they can GET. Nothing more. This is so common. My sister and broker were horrible when my mom passed. They went over to her house and took all her valuables while I sat with her in Hospice for the last few hours. It is horrible what this does to families. I have learned and got rid of everything before I go. There will be nothing to fight over.
Looking back, I see our mom gave her children yet another HUGE gift as our inheritance. She had raised us all to be meticulously honest and bend-over-backwards fair, which meant we had total trust in each other. The way she raised her kids when they were young had direct consequences for her in her old age.