My mom moved in with me in 2021, my brother was her POA, and I was a successor agent before she moved here. Once she moved here the poa was changed where myself and my brother have a durable POA. I found out recently while he had control of my mother's finances he has taken a sum of $33,000 over the yrs. Now that I am in control of her finances too (I wasn't on her bank accts until August of 2021, it was just him), he claims he is entitled and it is his birthright to take money out of her accts each month. I told him no, I need to account for that money for Medicad. He refuses to listen to me. She cannot revoke his POA because she isn't of sound mind due to the fact she has Alzheimer's/ Dementia. How can I stop him from taking money from her accts each month without a court process? I have already talked to my mom's elder law attorney and they said that they would have to ask my mom if she wanted to remove my brother (her son) from the POA. She wouldn't do that. I also have a caregiver contract with my mom, and my brother apparently thinks I am getting paid, why shouldn't he!
My sister in law is dealing with that right now, they will send out a letter after the person has passed away and then they want you to explain where the money is like in her problem she was rep payee for her brother and they sent a letter stating someone owes Medicaid $39,000 and they want paid.
So I would explain it to your brother from now on he doesn't touch a dime of her money or otherwise he will have to pay back that money and yes they can put a lien on his house if he has a house.
My mother put only my name on everything after my dad died. We consulted an attorney and that is what he recommended. My dad had no will. He wanted to discuss everything and draw up a will but I refused to discuss it. My brother typed a will and wanted me to sign it, but I declined. There is no legal requirement that a person hires an attorney. Self-prepared is valid.