I am her medical POA and I suggested my niece being financial POA just to help them paying their bills on time. We worked closely together until my dad died then my niece took my mom's checkbook and credit cards away and open an account that my mom has never seen a statement or a dime of money in 2 1/2. My dad's retirement check goes directly into this account and my mom has no access to it. If I suggest my mom needing something I am told their is no available funds. I live with my mom and she lives 3 hrs away.

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LittleRock20: Perhaps you should retain an elder law attorney.
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Reply to Llamalover47

Your niece is finacial POA? Humm, just doesn't make sense when you already do medical POA. Go back to the elder care attorney who set up for your mother's financial POA and change it from your niece to your name. If your mother can still decide, get those documents done ASAP. If your mother lost her sound mind, you will have to get conservatorship to handle her affairs.
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Reply to Patathome01

I'm not sure what you are asking us.
Who is the 'she' who lives three hours away?

Whatever the situation, ask for a re-assessment if you are concerned that your mother cannot handle her own finances. MDs are very careful about this. In my situation, the letter (on letterhead) was worded 'at this time" - that was enough... friend couldn't manage his own finances "at this time."

You need to have a serious talk with the niece.
Where is the money going? INSIST that the niece show you (and your mother, if your mother can cognitively understand) statements.
Get copies of all financial documents / monthly statements
- Get your name on the account so you also get statements mailed to her and if you do not already have it,
- Get the legal authority you need to oversee (double check) or take control if this is what you want to do. Gena / Touch Matters
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Reply to TouchMatters

I'd also contact the bank where your mom's accounts are and tell them a non-activated POA is being used and they will be held responsible for any missing funds.

Better yet, have an attorney write that letter to the bank.
Helpful Answer (7)
Reply to MJ1929

I'd get the POA changed prior to getting any state agency involved. With a letter of competency from her Dr., any attorney working in estates and probate will make the desired changes, esp under these circumstances. I'd avoid an Elder Law attorney because they tend to set the bar very high for legal paperwork and you may wish to avoid that, in your mom's best interests.

It sounds way too fishy that you're being told that there are no available funds for your mom's needs when the money is hers. Perhaps your niece is paying herself for POA work that she's not entitled to; that payment is based on the total amount of the estate and she may be overpaying herself. You need to take the reins.

Once you have POA, the attorney will advise you on how to proceed with obtaining all records from your niece. This will cause some rancor, but with this lack of transparency, you have cause to move on this. She will need to provide a full accounting so that you can take over the record keeping and payments. It's a lot to do, but you and esp your mom require this information.

If you wish to avoid rancor, you could have a letter sent by certified mail. Draft a formal letter asking for an accounting of monies in and out. If she refuses to provide this, then there is cause for the upset that a change of POPA will cause.

I wish you luck in all of this. Act swiftly.
Helpful Answer (2)
Reply to Luta65

Just curious...why did you not become Moms financial POA since u were living with her? IMO a Caregiver should have both POAs.

See a Lawyer. POA does not give the niece tge right to keep Moms money. It may be Dads pension, but Mom is the survivor and the check should be coming in her name. That check and her SS should be going into the same account. The money is hers to care for her. Neither you or niece should be paying anything out of pocket for Mom.
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Reply to JoAnn29

LittleRock20, time to talk with an Elder Law Attorney. Too many things happening do not sound right.
Helpful Answer (10)
Reply to freqflyer

If a lawyer thinks she is competent to make changes she can.
If I were you I would contact the attorney and tell them that there may be financial abuse going on and they can request all financial records from the financial POA.
If mom can not change POA you could seek full Guardianship. That would remove niece as POA.
Helpful Answer (10)
Reply to Grandma1954

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