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If your brother is spending $60k on your mother and reimbursing himself for what he spends on her, then he is not benefiting. He is allowing her to pay her own way with her own money. If she needs things that you are picking up for her, then you should work out how to get compensated with your brother. Just notify him of what she needs or send him the receipts for reimbursement. Whatever works for both of you.
edit: I see by Rockets comment that I mixed up the posts. Sorry. I was reading Judy’s post about her brother that she left earlier and thought it was from the OP, Issues. Sorry for the confusion. Thanks Rocket
Is this a family situation/squabble in which one member of the family has been asked to be the POA by a parent? I am afraid we are needing a lot more information here. Is there a contract that stipulates that the POA gets 60,000 per year? Is this a Court Appointed POA of some kind? Is the elder living with the POA? How have you become aware of what the POA is being paid?
From what I understand, it has to be written in the POA that the person assigned gets paid and how much. This person is taking 5k monthly, too much. Those that may inherit may want to ask for an accounting.
Is Medicaid going to be an option? If so, the POA would need to avoid anything that could be interpreted as a gift.
How much work is this person doing? If they are managing a 6,000,000 trust portfolio maybe ... Or if they are taking an unpaid leave of absence to clean out, fix up, and sell a hoarded house ...
Are they only the POA or do they have hands on caregiver responsibilities?
POA only has the power to certain situations to stand in the place of the person who made the POA. That DOESN'T mean the Fiduciary or Guardian are reimbursed for certain expenses. You're either appointed as Guardian or the Court appoints a Fiduciary. A professional Fiduciary does receive "pay" BUT THEY MUST REPORT TO THE COURT. THEY CAN'T JUST GET 60K. THEY ALSO HAVE TO HAVE A COURT BOND TO PAY THE ESTATE BACK FOR EMBEZZELMENT...ELDER ABUSE Guardians have to turn in ANNUAL REPORTS to the Court for approval for reimbursement from the estate before being reimbursed. It sounds to me that the POA is committing elder abuse for financial gain. You can have the State investigate. This is way too fishy!
How can I legally find out about my brother who is POA over my mother? I am the type of person to buy things,not much, out of my own pocket. He makes tons more than I do but still expects to be paid back for what he spends. It's his mother and he should be willing to pay for things because of love. Not because he deserves to be paid back. I feel that his wife has something to do with it. I could be wrong but that is how I feel.
By proceeding, I agree that I understand the following disclosures:
I. How We Work in Washington.
Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services.
APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
II. How We Are Paid.
We do not charge you any fee – we are paid by the Participating Communities. Some Participating Communities pay us a percentage of the first month's standard rate for the rent and care services you select. We invoice these fees after the senior moves in.
III. When We Tour.
APFM tours certain Participating Communities in Washington (typically more in metropolitan areas than in rural areas.) During the 12 month period prior to December 31, 2017, we toured 86.2% of Participating Communities with capacity for 20 or more residents.
IV. No Obligation or Commitment.
You have no obligation to use or to continue to use our services. Because you pay no fee to us, you will never need to ask for a refund.
V. Complaints.
Please contact our Family Feedback Line at (866) 584-7340 or ConsumerFeedback@aplaceformom.com to report any complaint. Consumers have many avenues to address a dispute with any referral service company, including the right to file a complaint with the Attorney General's office at: Consumer Protection Division, 800 5th Avenue, Ste. 2000, Seattle, 98104 or 800-551-4636.
VI. No Waiver of Your Rights.
APFM does not (and may not) require or even ask consumers seeking senior housing or care services in Washington State to sign waivers of liability for losses of personal property or injury or to sign waivers of any rights established under law.
I agree that:
A.
I authorize A Place For Mom ("APFM") to collect certain personal and contact detail information, as well as relevant health care information about me or from me about the senior family member or relative I am assisting ("Senior Living Care Information").
B.
APFM may provide information to me electronically. My electronic signature on agreements and documents has the same effect as if I signed them in ink.
C.
APFM may send all communications to me electronically via e-mail or by access to an APFM web site.
D.
If I want a paper copy, I can print a copy of the Disclosures or download the Disclosures for my records.
E.
This E-Sign Acknowledgement and Authorization applies to these Disclosures and all future Disclosures related to APFM's services, unless I revoke my authorization. You may revoke this authorization in writing at any time (except where we have already disclosed information before receiving your revocation.) This authorization will expire after one year.
F.
You consent to APFM's reaching out to you using a phone system than can auto-dial numbers (we miss rotary phones, too!), but this consent is not required to use our service.
If she needs things that you are picking up for her, then you should work out how to get compensated with your brother. Just notify him of what she needs or send him the receipts for reimbursement.
Whatever works for both of you.
edit: I see by Rockets comment that I mixed up the posts. Sorry. I was reading Judy’s post about her brother that she left earlier and thought it was from the OP, Issues.
Sorry for the confusion.
Thanks Rocket
I am afraid we are needing a lot more information here.
Is there a contract that stipulates that the POA gets 60,000 per year?
Is this a Court Appointed POA of some kind?
Is the elder living with the POA?
How have you become aware of what the POA is being paid?
How do you know this is occurring?
Is Medicaid going to be an option? If so, the POA would need to avoid anything that could be interpreted as a gift.
How much work is this person doing? If they are managing a 6,000,000 trust portfolio maybe ... Or if they are taking an unpaid leave of absence to clean out, fix up, and sell a hoarded house ...
Are they only the POA or do they have hands on caregiver responsibilities?
Are there a lot of travel expenses?
https://info.legalzoom.com/can-power-attorney-charge-expenses-24313.html
That DOESN'T mean the Fiduciary or Guardian are reimbursed for certain expenses. You're either appointed as Guardian or the Court appoints a Fiduciary. A professional Fiduciary does receive "pay" BUT THEY MUST REPORT TO THE COURT. THEY CAN'T JUST GET 60K. THEY ALSO HAVE TO HAVE A COURT BOND TO PAY THE ESTATE BACK FOR EMBEZZELMENT...ELDER ABUSE
Guardians have to turn in ANNUAL REPORTS to the Court for approval for reimbursement from the estate before being reimbursed.
It sounds to me that the POA is committing elder abuse for financial gain. You can have the State investigate.
This is way too fishy!