How can I get my mom's money from my sister?

i don't know if you are allowed to pay yourself for the past but going forward you canwhich is why you need an attorney that knows medicaid rules inside and out. some portions of funeral not allowed...again, the attorney is needed so you use the money as medicaid allows. you don't want to be in hot water with them so get the attorney!!!! get the fee requirements of the attorney before they learn the amount of money your mom got from sissy..shop around and ask alot of questions on the phone

PS you can make out a caregivers contract and get paid for taking care of your Mom with that money as a spend down. Then pay for funeral, supplies on what she needs, etc. Before you know it , the money wil be gone legally and she will qualify for medicaid again. Get to a lawyer, and use your Moms money for that.

shamir, your gut is telling you whats right. You need to call them and straighten this out because once they find out you could owe it all back, or worse, like who knows what could happen.Give them a call and just do it, its worth the relief of doing whats right. Good Luck

In CA one qualifies for medicaid if they have 2k or less of assets ...this doesn't include wedding rings etc and my mom still had her condo; i checked will return home on the medicaid application because that was always a possibility. so, therefore you can 1. Tell medicaid what happened. They might have you repay any monies they put out for the NH for your mom for that short period of time, end the medicaid since your mom has assets, and have you use mom's money for her needs now. when you spend down mom's money then you can re apply to medicaid. and yeah, oneday mom may need medicaid. i think medicaid allows you to spend a certain number of dollars on funeral costs, maybe dental, etc. if you put mom's money in your mom's account then you will have to answer to medicaid sooner rather than later...if you did deposit the money in mom's account you have to come forward and tell medicaid what happened and pay up anything you own them. i had suggested not telling medicaid until you figured all of this out. I was never suggesting to keep it but there are allowable expenses...don't get caught now...that will really disqualifity you for future benefits. time to get the ducks in order and report the facts to medicaid. in the meantime, talk to an elder law attorney about what you are allowed to spend the funds on per medicaid;

Please forgive the typos in the above post. I was writing fast in between job things and didn't have time to edit as well as I could have! :)

UPDATE 12-27-2012
Well, nearly 6 months later, and after requesting asstance and getting it, this issue is finally over! Sis returned Moms money to her account yesterday.

None of us here have heard a peep from her. But she did the right thing. The Elder Advocte for central FL mediated the whole thing and did a fine job. To Community Legal Services of Central Florida, I give my thanks and much appreciation.

Now comes the second phase. Sis got Mom qualified for Medicaid right before I took over moms finances and became DPOA. She did that when she put Mom in the nursing home. Mom was in one month before sissy gave it all up and didn't want anything more to do with mom....and that is when I brought her back home. She is still on Medicaid and now that the money is returned as it should be, I am in a quandry as to handle all this so Mom does not lose her Medicaid. Or should I just end it? Mom really does not NEED Medicaid, however if she she should ever need to go to a nursing home, the money that was returned will be in question. I will be taking care of mom -pre-needs...if you kow what I eman, but there will be some left over that will still disqualify her should she need Medicaid.

I have had mom here almost three years bow, and the last two I have covered all her living costs and do not charge or make her pay anything. Now I understand from researching that if I don't, she may be disqualified anyway cos she has no expenses!

I don't get it: she gets 1286.00 a month, Medicaid can still deny her nursing home coverage because she has too much money.

I don't feel right about all this and I should feel like a load has been lifted...but I don't. It feels even heavier and for the life of me I can't shake the feeling. That darn money sissy took and finally returned is a PITA and poor Mom can't even do what she wants with it cos now Medicaid will question whatever she does with it.

Okay. Stick me with a fork. I'm Done.

I just thought that I might add that she probably doesn't have a dime of that money she "saved". You may be beating a dead horse and...lose Medicaid all at the same time. I'm so sorry this is happening to you and it's so sad that people's true colors come out in these situations. I don't have advice for you really but I would tread very lightly if mom really needs Medicaid. Hugs

thanks, i'll go to BB&B for some for myself.

Nope! Google Wireless headphones for TV! :) I got Moms at Bed, Bath and Beyond for less than 20.00! :)

you are right. it is so simple. mom and i hug, touch, hold hands, take naps together side by side, exchange light kisses....that is the one thing angie dickinson said about alzheimer's disease...they want love. i ike the idea for wireless headphones...do you need a special televsion for that? More later. I have been awake since 5 a.m. and i am quickly losing steam.

Yes, that is exactly what I want to do and needs done...the last thing I want to deal with that dreaded day is final arrangements. I am planning to take care of all that and get her things she needs and thngs that she never could afford like nice shoes and comfortable clothes and stuff for her room like music...a collection of old music just for her. I got her wirelss headphones so she can hear her TV better and thought maybe some kind of MP3 device that was easy and simply with lots of her old favorites on it. I also want to make a better garden area outside her window. She looks out into a wooded area now, and it would be great to see some coor out there.

Anyway, I like to dream and see things through her eyes. She thinks I am too concerned about her and need a life. Well, I do...but right now she is priority in it. These days are numbered. I can't get them back once gone! My sisters, neither of them, see Mom the way I do. I see love. They see demanding and ungrateful. They see hard work. I see sharing and watching over each other. You get what you give and that just drives my sisters crazy. No wonder they are bitter. I can't help it if they can't get along with Mom they way I do, and accuse me of things they are. I believe sissy is so resentful that I have a great relationship with mom she wants me to hurt like her. When all she has to do is love Mom like I do. Its so simple. I'm rambling. GNite

Hi Shamir...when moms money, becomes 2k or less, then she would qualify at least in CA for medicaid. If she has medicaid medical and you can keep it do so. When my mom sold her condo medicaid allow mom to pay in advance for her funeral from the proceeds from the house and was still able to keep her medicaid. So if your mom has not paid for funeral expenses, please check on how to do this legally. You are probably correct when you say medicaid will want their money back once sister returns it. we can help you and/or support you in laying out the story to medicaid.

Sorry for the above typos, I am very tired tonight. :)

I know I would quaslify for caregivers services but I cannot do that. I am disabled myself (legally blind) and I work full time (from home) so if I get paid for caregiving...I risk losing my own disability which is what helps keep me available for mom. I make enough to live decent, not lavishly. Moms money is hers, she is not required to pay me anything specific and I don't take anything specific. Her monies are spent and split with whatever is going on at the store pretty much. I don't need that money my sis took...it is not about ME, its about her schiesty a** getting away with taking it, and keepi8ng it. And claiming to everyone I will blow it. I just want her to give back what she took. She still has it. She told mom she'd give it back...and we are still waiting. It been 10 days.

We could sue if we have to. Does it really have to go that far?

Suzmarie, no way could I be 'mad' at you! I know you emant well and you are so full of good its awesome!

Mom should NOT be even on Medicaid...but how can I undo all this and then what would happen if she really DID need to go to a nursing home one day.....

My sister thrives on making things tangled and complicated...she is a master at it.

I have had some dealing with Medicaid on my son's behalf as he qualified for assistance due to a terminal kidney condition.

I would suggest that you put the money in her account and fill out the form that Medicaid has for just this purpose, informing them that she has more than 2,000 (Texas) in her account. We did this as soon as his account reached that amount after he returned to work.

They will let you know if anything changes in her Medicaid status. It doesn't sound like there is any reason for you to hurry and spend down her money. While I am sure it could be different for elderly people, Medicaid statuses are generally requalified on a 12 month basis. The change may affect her status for the next year's qualifying.

Sounds like your mom can look forward to many happy years in your home. Always nice for her to have a little nest egg in case she does want additional furniture for her bedroom!

You need to get an attorney on spending down as you might qualify for caregiving services, make out a caregiver contract, etc. Why would you want medicaid anyway if you have your Mom in your home. We spend down Moms money and now use her ss and va for supplies and respite for myself. Love your story, I have a sibling just like yours and they should get what they deserve, nothing!

Its ok Shamir. I was just thinking of all the things u and ur mom deserve to have after all the years your sis hid mom's money from her...I am sure you spent a fortune on your mom. I mentioed quite some time ago, the little things, jammies, toothbrushes and the like added up to over 30k in a 2 year period....hence, I just thought you would be reimbursed for all the money you have spent I am not deceitful either so I completely understand, and I wasn't thinking of keeping the money as deceitful but rather what is owed to you and your mother. I am sure it has been so stressful but hopefully it will soon come to an end finally...please buy your mother a lovely cozy gift for the holidays...all of you deserve the same. I still hope to hear whether sis returns the money and so on. Hold onto all the medicaid papers so when mom does run out of money you will know how to complete the forms. You are a wonderful daughter and you must have a wonderful husband to have watched all of this. I hope you aren't mad at me for suggesting keeping the money. I just thought it was deserved since you have spent so much already. will you have the social security check sent to your address?

I have to Suz, I can't hide that darn money..I'd be doing exactly what my sis did. Hiding it. I can't lie and be deceitful. I just can't.

It is tempting to tell her to stick it somehwere and be done with it. This whole thing has been sooo stressful to me and Mom and my poor hubby who sees it all. But if I let this go, then I am letting my thief/liar sister get away with stealing.

Hi Suzmarie,
Don't get confused! So sorry you did! Mom only qualifies for medicaid for her medical stuff and does not get checks. When sissy put her in the nursing home last summer, she made application to Medicaid to get mom on so it would pay for her nursing home. Remember, I got Mom back home after a month...sissy didn't like having to make trips to the NH to run errands for her and was upset about that. I got Mom out! They had been telling her she really didn't need to be in there anyway.

She has her SS and that is all. I have DPOA as of this past July and that is when I saw into Moms bank account for the first time. That is when I saw how month after month sissy transfered money from moms account to her own. She ahd been paying her bills and handling all the finacial end of things. I had the caretaking part. I never saw the financial end of things until after Mom came home from NH and I got DPOA. That was just July.

Mom doesn't need Medicaid any more thn she needed to go in the nursing home. That was a POWER PLAY by sissy. Not only did sissy take Moms money and put it 'away', she somehow qualified Mom for Medicaid so her NH bill would be paid, and Mom is still on Meidcaid for Medical. So what happens if Sissy DOES give the money back? I have to do a fast spend down, or it has to get paid back to Medicaid. Frankly, Medicaid probably deserves it back! But dangit, this all should have never ever taken place.

My sister is very self centered--a control freak is keeping it mild. I told the APS gentleman that she was very intimidating. I think after talking to her he can see she is a few bricks for of anything close to congenial.

PS...should your sister indeed return the money you can use the money for cabs to take mom to appts and you and her out for a ride or lunch since sissy has stated she is done. do not put that monie in your mom's account. u will mess up so much for the medicaid.

I would say this is much more than pettiness. It's downright theft. If you have POA you can go to and/or call medicaid and give them your address. This is fraud if your sister is cashing your moms medicaid checks. Don't deposit the money your sister gives mom into any account. Use a safe deposit box. Medicaid will come in very handty if your mom ever "needs" to go to a nursing home. Medicaid will pay a portion and your mom's social security check, a large portion of it will also go to the nursing home
Your mom's social security checks should also be coming to your address. You just need to advise them of an address change. U will probably have to provide some documents, like poa etc. How r u suppose to pay mom's bills etc if the checks are going to your sister?
Please have medicaid ad SS checks sent to your house asap. I always think of you and all that you are going through. Thanks for the recent update.

Update: Dec 4
Just a quick note to say I have not heard a peep from my sis since last August when she decked me for asking about the money she took from Moms account. BUT you'll LOVE this ....

Last week, on the 26th of November I got a call from my Elder Advocate Gentleman. He had been trying to get hold of my sister (the one who took money from mom and put in her own account) but he was not getting a response. He wanted to know if I had heard anything or had any news...and he was actually hoping things were leveling out and had gotten better. Nope. No news and nothing heard from her either. I hadn't made any attempts to contact her either as she has my emails blocked and won't answer her phone.

As I was speaking with him, he interrupts and says, "oh wait, guess who's calling me? Your sister is calling me now...can I call you back?" Of course, and we hung up. About that same time, my hubby comes in with the mail. In it is a letter to Mom from my sister. I took it to her and let her open and read it, and I returned to my room. I'd see the letter later, right now I needed to hear from Mr. B.

10 minutes later Mr B calls back...."Your sister has some concerns and I think we need to address these issues...when can I come see you?" I told him when whenever he wanted, that afternoon if he wanted to. I asked why, what was up? "You sister seems to think your mother is not happy there, and that she is not being taken care of and wishes to move to an ALF". I said, "Come on over, I am not going anywhere."

I went in to see Mom over in her room, told her Mr. B was coming over. She handed me the letter from sissy. I read it and took it with a grain of salt---if only it were true!!!!

The letter expressed how much she missed mom--talked about all the fun they used to have going shopping and out to eat and just sitting in parks and such. She wanted to see her! Thats not such a bad thing...since all that is true....and I'd never stand between my sis and her mom--my mom--our mom, had she not decked me in the jaw for asking about the money she stole from Moms account and have a police report on her...nor would I stand between her and mom if she hadn't blatantly lied outright to Mr. B, compelling him to drive 50 miles to see to if mom was indeed miserable and unhappy and not cared for . He had to find out for himself if Mom wanted to live here, or in ALF. . She really made an idiot of herself...again.

It was soooo strange...how all that happened at the same time--the same morning!. Mr B calling and her letter arriving....truth is stranger than fiction sometimes. Makes ya wonder....

Mr. B arrives about an hour and a half later, at which time he is led straight to Mom. Mom is sitting in her favorite spot watching Bird Theater outside her window, and a pleasant look on her face. I asked Mr. B if he wanted me to disappear so he could talk to Mom, and he said yes. I did.

About 45 minutes later I return and join the two of them who are giggling and being content to just talk together. The three of us chatted for another two hours! The claims sissy made were completely unfounded. He had read the letter that had just arrived from sissy. He talked to Mom about the money sissy took. he asked her if she wanted it back. She told him yes, so he picked up his cell phone and called sissy right there on the spot. He put Mom on the phone with her. He told Mom, "If you want your money back, then all ya gotta do is tell your daughter to return it." Mom looked bewildered, a bit taken aback...but she heard sissy's voice. Her own cracked as she said "Hello, XXX, you know that money you took from my account....?" I could hear sissy say yeah,.... "I'd like it back". Her voice cracked again. Sissy probably thought mom was being made to say that. Like she was under duress. I imagine it had to be very painful that she'd even have to be asking for her own money to be given back. That would suck.

Mom told her one more time she'd like her money back and sissy said she would give it back. She then put Mr. B on the phone. Mr. B explained to sissy that the money she took is Moms, and that Mom is asking for it back. He also explained that he was looking at Mom, had spent considerable time talking with her, checked things out and all her allegations about mom were unfounded and not true. He told sissy that mom did not want to live in an ALF and was very happy there and it was evident she was well cared for. I could hear my sisters voice rising as he told Mr B that I spend all my mom's money and that if she gives all that money back, then I will just blow it. He asked her what does she mean by blowing it..how does XXX spend your mothers money that is wrong? Sissy told him I go to Walmart alot and I bought a new bed and a bunch of stuff for her room...and that I am not to be trusted and am evil. He looked a little bewildered. He brushed it all off and told her he'd call when he had the account info for Sissy to return the money to Mom. She said okay. Click.

That was a week ago. I just sent Mr. B the account info yesterday. I had waited and wanted to do some research because this money issue is a real PITA. Remember Sissy got Mom qualified for Medicaid? You know where this is going, don't you? Now what? Siiiigh. This has been so exasperating. I spent hours and hours poring over information both here o this site and others to locate a solution. If...and when moms money does get returned it needs to get spent down asap, which is okay. For al I care Mom does not even need Medicaid, but she may one day inwhich time I have to explain how that big fat lump sum got deposited in her account.

Mom? She is just happy to 'be'. She wants all the stupid pettiness to end and for us girls to stop fighting. That's good...me too. I didn't pick this fight or start it. I am just ready for some resolve.

Thats that...for now.

@shamir i am so glad you updated me/us. You have done a terrific job in protecting your mother and trying to re coup what is rightfully hers. Your sis was pretty XXX for putting all that information in writing..I cannot express at this time how proud I am of you in doing what is right for your mom. You never know what she will need in the future so now you will hopefully have some financial resources! My sis sure wants the money too. My mom had to come with me to No CA for surgery (long painful story). I tried to get mom home to So CA but sister would not respond to my emails...I kept trying tho because that i what my mother wanted. Even after my sis told me never to contact her again (she can yell and scream at me and make stupid unfounded accusations but when i pointed out her short comings she couldn't take the heat and all my points are documented), i called my sister. Husband got on the phone and told me to come to so ca right now and put their names on moms bank accounts....i explained to him that i couldn't take time off from work at this time (I had missed so much work because of all of moms medical emergencies and surgeries but I sure was willing to ask for a Friday off and go down their over a week-end but not right away...i was afraid of osing my job quite frankly. WhenI said i coul so dn't do it right now he hung up on me so i guess they really wanted the money also...no inquiries about how mom was doing...no inquiries about coming to see her--we haven't talked since he hung up on me and they have never visited mom. My sister and her husband viewed my mom as a burden, someone they had to invite at Christmas because mom had no one else etc etc.
I didn't mean to rant. I don't know you but I am so proud of what you are doing!!!! i do hope you will continue to keep me/us posted. I would like very much to see a favorable outcome for you and your mom.
I would like to have you reconsider the piece about donating to charity...don't make any rash decisions. I believe you could accept any inheritance and then put in your will to leave it to charity. You have given so much to your mom you deserve to be paid in some way for your dedication to her. I know having a parent living with you is not cheap. I spent over 30k on my mom over a 2 year period. I more or less knew at the onset there would probably never be any money for me but that was ok.
My sister took 32k of moms money when mom was a stage 4 or 5 for cars for her kids; my mom's trust reads that i should get 32k when she dies plus 20k for taking care of her but there is no money left for her to leave me. Mom is on medicaid now. My heart believes in integrity and protecting not only our children (I have none) but also our parents.
Just a small added note; my poor mom took her car in for an oil change at jiffy lube many years ago. 700 dollars later.....my sister laughed at how stupid my mom was...i got on the phone. the district attorney in mom's county took the case and mom ended up getting all of her money back and there was a class action suit against jiffy lube. I am a fighter of justice like you. If you prefer to update me privately i will click on your name and see if i can leave you my email privately. Thinking of you.

Suzmarie, the represenative from County Legal Services of Mid FL who is the area Elder Advocate, came to our home and spend about three hours with mom, me and my partner yesterday. I gave him copies of emails, bank statements and everything he needs on Moms behalf. He talked to Mom and made it clear that what Sissy had done in taking her money and refusing access to it unless she approved was exploitation. I gave him a handwritten paper in which Sissy had stated she intended to keep whatever monies were left over and split it between us siblings. He is taking this information to an attorney to work on Moms behalf in getting her money returned and accessible. Sissy has almost 8,000 and even had the audacity to try to negotiate with me for 500.00 to continue to go to savings each month and I could keep the rest for Moms expenses! I showed him that email too.

For not wanting anything to do with Mom she sure wants that money. I think me and Mom will sit down and have her will drawn up, and everything left over will go to a charity. Not children. Not even me.

I won't know more until next week, maybe id October.

Great what?What happended? Please let us know. Thinking of you in CA

I'm so glad you are getting the help and thanks to others here who gave their experiences. We can all learn.

Great. It worked for my dad. Good Luck!!!! Sissy will have to account for all of it.

I believe I suggested this earlier but also the social security administration will do a fraud investigation, Please keep us posted

Great, keep us updated s we can all learn please!

UPDATE: Representative from Elder Affiars came by and was here three hours. In short, an attorney will be dealing with Sissy now to recoup Moms money and place it where she can have access to it anytime she needs it or wants it. I gave him all the evidence showing money going into Sissy account, and that Sissy is now hiding it and justifying that by claimng I will blow it. He sees there is no truth to that and is on his way to get all this mess put in proper order. Thank God. He talked with Mom for three hours and confirmed her wish that her own money be placed in her reach. So far, so good.