My mother has dementia. Her late husband's daughter took over finances and won't give us any account information or details. She is not POA, just a signer on the checking account. How can we get details about all of her accounts and make sure they are being managed appropriately?
If yes, can you get them involved?
My thoughts are to hire an elder care attorney. If mom has money you could be reimbursed. If nothing else an elder care attorney maybe able to at least make sure money is not being used to take care of the girl instead of taking care of mom.
The last laugh was on my granddaughter because the only money in mom's account was her monthly social security & veterans benefits. Those monies were already being paid to this granddaughter's biological mother, who was my mom's caregiver. She thought she was going to hit the jackpot with granny, but she was sorely mistaken!
Before anyone comments this happened to me. My mom had my sibling & myself on her accounts with her as joint owners. My sibling went in & closed the account & opened a new one without my name on it.
I contacted the bank & they told me it was perfectly legal even though it was my mom’s SS & pension checks that were going in there. They told me that any one of us could have done that.
It is worth calling and asking.
There are a lot of harsh comments here that seem unnecessary about what your prior relationship may or may not have been with your mom. None of us has any information that qualifies us to judge that. I hope going forward you can share some quality moments with your mom. In the end those memories are what will mean the most.
For the most part, I should think the only thing that can be done, IF someone else doesn't have POA already, is seek legal help (EC atty) and file for guardianship.
Does anyone have POA? If so, that person should be stepping in NOW and taking over everything. Since the SD is likely joint on the account, you will likely have to just open another account, and w/draw all funds to deposit into the new POA account. SS would have to be diverted if that goes into that account. With dementia, you will need to sign up as Rep Payee. It is the ONLY legal way, per SS, to manage another person's SS funds. It requires a special Rep Payee account, to be set up once they approve you. First payment will be a check, then when the acct is set up, you can get electronic deposit to the acct.
Both SS and guardianship will require reporting how the funds are used. She will need care, so are any of you prepared to take on that role? Who has been caring for her since SF passed? Has SD been caring for her? Do any of you take care of her, see her, inquire about her well being? Are you local and can drop in to visit/help with her care?
Too many questions to really understand the whole picture....
You wrote:
"Sense (sic) that person is an official signer on the account she can spend the money how ever she sees fit unless it’s proven she knew your mother was not of sound mind . "
This is not true. DPOAs and POAs, if properly prepared, specify the range of assets covered, the actions that can be taken, and from what I've seen, in enough detail to provide limitations with a given range.
The fiduciary is not given free range outside of the needs of the primary individual. No one can spend however he or she sees fit, regardless of mental status. And certainly no one can lawfully spend funds on herself.
This is why it is so important to understand POAs and how adding someone to your account might impact you. If it's a trustworthy person, ok. Otherwise, beware.
I have bigger issue with her assumptions that we can "allow" someone to do this or that we can take steps to stop it without legal intervention first (she does mention legal, but AFTER stating it shouldn't have been allowed by OP and/or they should have stopped it - how would they even know?)
have to repay what she spent. Sense that person is an official signer on the account she can spend the money how ever she sees fit unless it’s proven she knew your mother was not of sound mind . She may have already signed over the house or any other assets available Good luck 😂
Even if it was done post death and/or post early dementia, you can't just "take steps" to stop it if/when you find out. It will take legal action, but there has to be cause first.
My mother added me and YB to her account long ago. Never even looked at any of it until dementia crept in. Then I had to take over. Had she done something like this, there's no way I would have known, therefore no way for me to even question it. IF she was of sound mind, then it would be none of my business. Concern? Sure. I could ask her, if she didn't have dementia, but of sound mind, it would be nonya.
Have you seen an elder law attorney?
What changed when your dad died that the step sister is signer on the account and when did you find out she is a signer?
Has your step sister's life style changed? Having more possessions or money to do things?
Is your mom lacking care and necessities?
You want her to do it for free?
If yes and no, and you are not POA for your mom, then it is none of your business what is happening with the money.
Your step sister owns the account, there is no such thing as signatory rights with any bank that I have ever done business with. You are a joint account holder and you have as much right to the money in the account as the other joint account holder.
Obviously, her dad trusted her to take care of his wife after his death or he wouldn't have put her in control of the finances.
What is it that makes you question the situation now?
If you have not had any dealings with your mother's finances and these were her spouse's then he sounds like he set her up without your assistance and this sounds like "old business " I would Tread lightly if there are sizeable funds, the relative sounds like His Daughter which means your mother may not have been given total access to any funds and use of other legal entities might have been created by him to allow his wife to live in her home, get bills paid, etc., but she might not have freedom or never had this freedom to any money, if it was mostly his.
I was privy to a couple married over 40 years, wife never saw a checkbook or a bill in all of 40 years, and even at his death, he gave all accessibility for her livelihood to someone else, and she was not able to change this.
You can see what an attorney tell you, but the most you might be getting is Medical POA, if she does not have this. Otherwise, you do not know if your mother is living off late spouse income and other monies that she cannot manage and never managed and apparently spouse did not give anyone but his relative this trust possibly with more legal documentation than you know. You might not have any Rights to this information if there is nothing proving you had any relationship to this couple's finances previous to his death. It will come off as you seeking money via mom, when you need to show there was an investment other than being related. Many people look for relationship when it comes to funds but cannot show investment in one's life while living. This was setup for her protection not for others to look into what may be going on. Why interest now? If her spouse was alive, would same be asked of him? I doubt this and might be why he chose his next of kin, not his wife's. Take an interest in her well-being not her finances, it sounds better. By the way. Stepdaughter did not "take" over anything, this was given to her and apparently acknowledged by the banking institution, which means Stepdaughter is possibly named on all her accounts upon her death as well. This is all she needs and this was done while her father was alive. So, your mother cannot reverse anything now, and the banks will not honor these things due to Stepdaughter being assigned, trusted person. You have very little recourse that does not spell out, concern for what you can get, when no concern was present throughout her life, moreover now she has dementia, we need to helo her see what the Stepdaughter is doing? It sounds like mom is also okay with things and the last thing someone with dementia needs is members of their family trying to make them fear who they are dependent on. I hope everyone realize the relationship with mom had many years to grow and become trusted. You cannot step in something that really does sound like undermining at this late stage.
You will need to prove your investment has been more resilient and lifelong than the Stepdaughter's and I do not think this is the case, or this might have been done differently by her late-spouse. If money was given out to her family more than once, loans made but unpaid, hand outs given, and nothing retrieved, then make sure you are aware of all of these things, his daughter is aware of why he wanted her to do this, and doing it for your mom protection, so must ask yourself why now?
On the other hand, did this daughter do all the work for your mom/her dad? If you/your sibs allowed her to do the hard work then - it creates issues to call her out now. Is that why she's not entertaining your request for records?
IMO you have as much right to know what is going on with the bank accounts as his daughter does. To be honest, he is dead so Mom is now in charge of the accounts. Daughter's ability to write checks may have stopped at his death. Did he have a Will? Are the accounts in Mom's name too?
I would see a lawyer on Mom's behalf. She is entitled to at least half of the assets. Maybe a letter from him requesting an accounting maybe enough. You need to protect what is Moms.