I have Power of Attorney for my mom for 5 years now and have been taking care of all of my moms finances for all those years. My mom had a stroke last year and now lives with me and i take care of her 24/7 with absolutley no help from the other 4 sibblings. They are requesting monthly statements from me and if I don't give it to them they said they will have a Lawyer contact me. I do not charge my mom anything to live here except for her own expenses such as food, supplies, gas to get supplies, and sitters to watch her while I get her supplies. They also are requesting to send her back to her own home so they can help with her care because they are uncomfortable helping me at my own home. This is making me nuts. My mom does not want to leave my home to go back there but they just don't believe me even though she tells them that. My mom is very happy here and all of her needs are being met except I am getting burned out. I have asked them to watch her for 1 day out of the week so I can get some rest because of the fibromyalgia that I have is taking a toll on me. Any suggestions would be greatly appreciated.
But here's my question: why not try to work with them and build a team with Mother's interests in mind? Maybe that will never happen, but it would be worth a concerted effort. You know these people; I don't. Is their real concern for Mom, and fear that you might be taking advantage of her? Or might it be fear of loss of inheritence?
Either way, what would be the harm in sending them what they want? You are not taking advantage of your mother; you records would prove that. Why not get it all out in the open? I hope you are including sitters for respite care, so you can get out on your own once in a while. Your sibs could reduce that expense if they chose to provide respite care themselves, but if the choose not to, they can't begrudge you spending money on it. Your problem is burn out? Guard against that! If you have found reliable sitters, take advantage of that for more than errand running. The one-day-a-week is not negotiable. How it is provided you are open about.
If your mom is in her right mind -- legally competent to make decisions -- and she decides to stay where she is, I don't see how they could force her to move, no matter how many lawyer letters they pay to have sent. And if she is incompetent, you have POA, so they still can't insist she move.
If the Sibs think it would be cheaper (I.e., save their inheritence) to provide 24/7 care in Mom's own home, they are nuts.
If Mom were in a Nursing Home, they'd have to visit her if they wanted to see her and help her, whether they were comfortable in nursing homes or not. She's in your home. If they want to help her that is where they have to do it. If it were the Sibs posting here and asking for advice I'd tell them (kindly and politely, I hope) to grow up, get over themselves, and focus on their mother, not on how "comfortable" they want to be. But, alas, they aren't the ones writing in.
So, what can you do? Well, you could reply to them, "Go ahead and pay money for your lawyer letters. I'm not doing anything illegal. Na-na-na-na-NA-na!" But I suggest you save that kind of justifiable venting for here. Among your siblings, try to be the peacemaker, for Mom's sake. Tell them you are so glad they are taking an interest in Mom's care, because it really is much more than you can do alone, and you welcome their input. Tell them that while you are doing your taxes this year you will also pull together some figures about her expenses. Then you'd like to get together with them to go over the finances, so everyone is on the same page. You can discuss at the present rate, how long her money will last, and what will happen if she needs more professional care than can be given at home. How would that be paid for? Then you'd like to discuss some other things besides finances. How she is. How you together as a family can make sure she stays comfortable and happy.
If there is a lot bad feeling in the family now, perhaps having a nuetral outsider conduct the meeting would be helpful -- a social worker, a clergy person, a mediator -- so you all stay focussed on what is best for Mom.
Good luck to you, Rose. Come back and give us updates on how things work out.
I really hope you can work this out so they wind up contributing to your mother's comfort and that you can have at least a civil relationship. But if worse comes to worst, you can follow Luvmydad's example, and put strict boundaries around your interaction with them.
I do agree with jeannegibbs, that if your mom doesn't have a problem with releasing the information, what can it hurt. I would just take time to put it together. If you are open with this information, your family may be more open to helping you out in your home. My sister, does nothing the help, she doesn't even call my Mom. I can tell you, I send e-mails at my sister after each major Dr appt to give her up dates on my mom's heath and if there is a problem with her health, I give her that information also. I just do not give her any finacial information. Even with my e-mails, my sister doesn't return e-mails to me, which makes me think, she is only in it for the inheritance, then I really do not know that either. Go Luck with your mom and family.
So, I would assume most states have some similar wording. To protect yourself, keep copies of everything, give your sibling an account of how the money is spent and nip some trouble in the bud. There can be problems if your sibling or siblings want to make it a problem and the money has not been spent wisely. That is one of the problems of being the POA. There are legal obligations to do the best with the parent's money.
As others have said, you absolutely need respite care so that you are able to take care of your Mom. How was the decision about where your Mom would live made when she moved out of the house and had the stroke? Did your siblings offer to take Mom then? Looking at it another way, it just might help maintain peace in the family if you did send them the info they ask for, maybe once a quarter, and not monthly, because you really don't have time to send it more often. Or, have them all come to your house, go over the finances with them and then go and relax and have fun somewhere. Just let the know before they come to your house that you need someone to stay with Mom after the finance discussion so you can have a break. But, then they would be alone with Mom and might try to convince her to move. And Remember, your Mom wanted to stay with you. That should win the controversy.
My Sister is POA and takes care of Mom and Dad's financial matters. Years ago, when they were both competent, we set up a trust so the state couldn't take their money for a nursing home. Mom and Dad intended their money go to their kids. My Dad is in a nursing home, the cost is $4400 a month, but Medicare pays. My Mom is in assisted live, the cost is $3400 a month and that comes out of the trust fund. So, there goes the kid's inheritance, BUT, we would rather have both of them in a place where they are well taken care of and safe. . My Mom said she didn't care what where she lived but she did not want the kids to argue.
I hope you can work this out somehow with your siblings, I think the law is on your side. You are doing a wonderful thing and a great job because your Mom is where she wants to be.
I gave a detailed accounting of the first year and a half of being POA and listed what and where the costs went. Also gave details of my time and a copy of the savings I had accrued. Then I asked for an accounting of 2 siblings input and what was that worth. They don't bother me anymore. Hi ho the derryoh.
Only your parent can determine who the POA is. If you suspect fraud or abuse the courts could intervene. Otherwise, your Mom or Dad (which is it?) appointed your sisters as POA and only he or she can change that.
What is your parent's impairment? Where does he/she live? Are you in regular contact with him/her by phone? Do you send cards and letters? Does mailing you your Christmas stocking perhaps indicate your sisters are cleaning out your parent's home? (At least they did not trash it!) Have you always been estranged from your sisters, or is this something recent?
This is very sad. Can you provide a few more details, to get more specific suggestions?
I have a home computer, so I scan all these documents into a folder on the computer, which I back-up to an external drive about once a week. I keep the paper documents organized in page-protector style envelopes in large 3-hole binders; but large manila envelopes would work just as well.
My mother signed POA, Will, Health Proxy, and DNR forms while she was still in good physical and mental health. The originals are in the possession of her lawyer; my sister and I each have copies, as we are both named as executor or guardian on the forms, either jointly or with me as primary and her as secondary. My brother is one of the beneficiaries of her will, but is not on any of the forms that assign any power; he is excluded from that because my mother felt (and still does) that he is not
emotionally stable enough to be given any of those responsibilities.
My mother's health has declined considerably since the legal documents were signed. She broke both hips and requires a wheelchair to get around, and her dementia is now moderate and visibly growing worse. She has needed 24-hour care for several years. She has enough financial assets to pay for her home care for at least four more years. Because she can pay for full-time home care, I only spend two or three days per week at her home. But I still need respite from the paperwork and supervisory work that I do from my own home, and which I have to remind myself to make time for.
Time for oneself is vital to a caregiver, not just to take care of one's own chores. Time to pamper oneself - to see a movie, visit friends, enjoy a hobby is very important, if only because the lack of it can cause slow but accumulated damage to one's physical and mental health.
A caregiver can take a salary for their work (check with the IRS or a lawyer for specifics); if the parent lives with you, the cost of a home-aide or a babysitter can also legitimately be paid from the parent's assets. Just be sure to get a receipt of some kind from the babysitter.
On whether your unhelpful siblings care: They might be interested only in their potential inheritance. But they might be honestly concerned and may want to know what you are spending to see if you are spending too much on the wrong things or too little to provide as much care as they think is needed. The fact that they don't visit, or not often enough, might be due to the pressure of their other responsibilities, to travel difficulties, or to their emotional limitations. My sister loves our mother but visits less than once a month, in spite of living on the same block as our mother. She finds our mother's condition very upsetting and still has trouble accepting the fact that
Mom cannot be cured, but only made as safe, comfortable and happy as possible.
A friend of mine who loved his mother dearly, did not visit her for several years after she was paralyzed by a stroke, because visiting her sent him into a paralyzing
depression for several days after each visit. Eventually he found a psychiatrist who prescribed an effective mood-stabilizer for him; he began visiting his mother again,
and although he still found the visits painful and saddening, his medication allowed his to feel his sadness, without being disabled by it.
Perhaps your siblings are not strong enough or brave enough to face your parent's decline directly. Even though I speak to my mother every day and spend time with her every two or three days, there are times when I will notice a new symptom or a new decline in her mental functioning and it can come as a shock. The fact that
I know these changes are coming helps me prepare for them emotionally; but it doesn't always work. If I saw her less often, the changes would have accumulated
in my absence and would be much more distressing to observe.
I don't say that this justifies the sibling who aren't helping. But it might be less painful to consider that they might be weak rather than selfish.
I don't understand what she thinks she's thinking. In what universe is that considered acceptable?
I understand what you feel about the children's being attracted to a more materially comfortable environment. After I divorced, mine had the same options - my falling-down hovel where they actually lived, or their dad's/their friends' much plusher houses at weekends and during school vacations. I couldn't blame them for aiming high! The one time I did see red was when my ex and his wife (normally I get on fine with them both) bought my son a "future heirloom" watch for his 18th birthday: the trouble was I'd broken the bank getting him one for his 16th. Theirs cost a lot more; mine was infinitely more stylish (ha!); and what was the poor lad to do? Say "thanks but I've already got one?" I went outside and took a lot of deep breaths.
I suppose we just have to take care of our corns and try not to let people step on them.
But that doesn't excuse your sister's behaviour. Before you speak to your dad, see if you can speak to her (I really do understand how difficult and painful that might seem). It would be better if you could somehow get her just to think for a moment about how her behaviour makes you feel. I doubt she is doing that, even for a second - galling in itself, but that's what needs correcting. She urgently needs to rethink her ideas of hospitality and generosity.
Re: the car. We had the same situation with my mother: she couldn't drive hers, and I couldn't insure both my own and hers at the same time for me to drive, not affordably anyway. This year we simply transferred her car's registration to me (my sister has POA and agreed this), and I had to sell my car (which hurt like hell because it was much nicer and I loved it). I pay for insurance and road tax. I don't know what to do about paying for fuel, repairs, etc. because technically I own the car and those are my bills, but almost all my mileage involves taking her somewhere or running errands for her - still trying to work out a fair solution.
Hold tight over the bumps, follow up on those good constructive plans and remember that hard times pass as well as happier ones. All will be well, all will be well, and all manner of things will be well…
PS Had to pause to answer the door to a delivery man: my ex-SIL and her husband have sent me a box of beautiful Tokaj wine for Christmas - and I can't HOPE to reciprocate. I know they won't expect me to, but oh woe! Even the nice things hurt. Who came up with all that rot about being poor but happy..?!
Now this is weird. I'm sure you haven't any idea WHY she's like this, but there must be a reason. My guess is that, whatever it is, it will turn out to be something for which you are completely blameless. Weird, weird, weird.
Do you have two other sisters besides her, is that right? Or are there three of you altogether, you the youngest, weirdo in the middle and one more oldest? I'm just wondering if you've got two others to tackle or only one.
Either way, if middle sister is still speaking to them, maybe she or they are the ones who know what her problem is; so maybe that's where you can start investigating. Even if he still had his full faculties, I think this might be beyond any man to deal with so I'd leave your father out of it.
What is her problem? Goodness this must drive you nuts. Even if she is rich and spoiled, it wouldn't explain why she's being such a bitch to you in particular. It's horrible, I'm so sorry. x
Wills are public documents, once the testator has died and the will has gone through probate. An executor has to proceed according to the will's instructions. If your father has made specific provision for you in his will, there is no legal way in which your sister can fail to act on it, and no secret way either. She would have to be a damn fool, as well as a nasty piece of work, to try to get away with it.
How do you get on with your other sister, and your younger lad? Are they really not prepared at least to listen to you?
I hope you'll forgive me, but I get a faint impression from what you say that you do have some idea of what this huge, heinous crime is that your sister is holding against you; and that it's something that you fear could make uninformed people think badly of you. I dare say it's a) a false accusation and/or b) been blown massively out of proportion; but I wonder: if you were to share your worries more openly with an independent counsellor - could be anybody wise whose ability to keep a confidence you trust - are you sure you wouldn't be able to see some way to get this crazy situation sorted out?
10 years ago you suffered from depression (1 in 3 people will do in the course of their lives, or so I hear - that's a very large chunk of the population for anyone to try stigmatising, don't you think?); 6 years ago, following the death of her husband, your sister effectively ostracised you and persuaded your older son to do the same. I'm not going to try guessing further: your private business is private and you're entitled to keep it so. But clearly whatever happened is a very painful memory for you. I just want you not to add shame to the pain, because I'm prepared to bet that you have nothing - NOTHING - in reality to be ashamed of.
They say: "a trouble shared is a trouble halved." But for that to work, you first have to share the trouble, and a public forum is evidently not the place where you are comfortable doing that (I don't blame you, neither would I be!).
I realise I could be completely wrong about all of the above, but this is my instinct: that getting a better perspective on the past would help you both deal with the present and rebuild for the future. That's where I'd start. Good luck, I really hope this helps; and if not, if it's all wrong, then best of luck just the same. x
Next question is,are you your Mother's only POA?Is anyone else a POA for your Mother?
Next question what type of POA are you or others?Durable or springing POA?
If you are your Mother's POA.You are noted on your Mother's bank accounts as her POA.Unless,you haven't done so yet.Who other is on your Mother's bank accounts?Legally,a POA is not allowed to be joint on a bank account.Only noted on the accounts as her POA.Unless you was joint before the POA was created.
If you become a POA.You can't become joint on a bank account after a POA was created or your POA can be revoked.
So,
if you are the only POA for your Mother?It's your job to obtain your Mother's bank statements for your safe keeping and knowing her finances.As POA your job is her finances.If your Mother would go into a nurcing home.You will be the one Medicaid,Medicare will go after if any funds are not accounted for.From the date you became your Mother's POA.
Again it all boils down to, is your Mother compatent or not?
If your Mother is compatent?Your Mother has the right to change anything or spend what she desires.Your Mother can change her POA at anytime as long as she's compatent to do so.If your Mother is compatent,and if she is coached by another family member to change POAs.That can be done.If a family member has proof that your not doing your job correct as her POA.That person can have your POA revoked.Or another family member can simple ask Mother to change her POA.It all boils down to timing.Any other family member can simply take your Mother to a attorney to have her POA changed and Living Will without you knowing.As long as your Mother agrees to do so and is compatent to do so.If your Mother is not compatent?A POA and or a Living Will can not be changed.Unless the POA is found on grounds of revoked.
In other words,
If your Mother's compatent?And welling?Any family member can take her to a attorney to have a Living Will or POA changed.If she is compatent your POA is not in written in stone.If she was ever found incompatent then your POA is in stone.
To avoid any family member from changing your Mother's POA.It's up to your Mother if she's compatent.That means either two things need to be done.
One,find your Mother incompatent by a doctor.
Two,never let your Mother go with anyone.Because,all someone has to do is take her to a attorney to change POA.
If your Mother has more then one POA?And if she is incompatent by a doctor?
Those two POAs need to work together as one.Unless one is found to be revoked.
Regardless,
If by chance,your spending Mother's money incorrect.When it comes time for a nurcing home you will be investagated by Medicaid & Medicare .If any funds aren't accounted for you will be the feller to come up with those funds.Not saying your doing wrong.Just a little warning or venting is all.
We just had guardian and conservator appointments approved because sister POA refused to provide bi-annual reports on a revocable trust as required by the trust.
these sorts of situations often turn ugly creating a severe impact on your sibling related
??????I hope you'll forgive me, but I get a faint impression from what you say that you do have some idea of what this huge, heinous crime is that your sister is holding against you; and that it's something that you fear could make uninformed people think badly of you. I dare say it's a) a false accusation and/or b) been blown massively out of proportion; but I wonder: if you were to share your worries more openly with an independent counsellor - could be anybody wise whose ability to keep a confidence you trust - are you sure you wouldn't be able to see some way to get this crazy situation sorted out?
Not sure where you thought this or suspected this, and yes, I am on a public forum, and yes, I have absolutely nothing to hide, the issue, is more this, my sister is a very controlling person, and she always has been, and as my parents have slowly but surely been declining, she almost enjoys this. Remember I am 10 years younger than my sisters. My sister has absolutely nothing to hold against me. Accept, I was the younger sister, and apparently she felt all her life that she was the middle one left out, that is it, period end of conversation. When my sister was in her 30's she would always complain that she could never keep friends because she was too bold and rude. My sister is just my sister. There is not act of anything between us. She has alot of gall, that is for sure, and what is even more interesting, is that my boys both this week, as I sent them holiday cards, sent me cards back, and as one of my friends told me. Time will bring your boys back to you, and it is slowly doing that. The other thing is that I am not allowing her to get to me, in other words, what I mean is this. This is my outlet, I do not talk to her, etc. Now interesting, because I haven't sat at a dinner table with her for 6 years, and my mother is in an Alzheimer's home, and guess what, I did nothing, and knew nothing, but the dinner was where my mom lives, and for the first time in 10 years, it was the three sisters and two husbands. My middle sister's husband passed away, and it was amazing, maybe they talked, and said you know we are being real sh__ to "DLH" and need to be nice, as they could not be nicer. You cannot fake that. But, does that mean I trust, my walls are high, but it means that maybe, just maybe, my sister is realizing that she is not hurting me, she is hurting my father and my one son, my other one too, as he stated he loves me, and was hurt by his father etc. etc. So thank you and no I am not upset, but I am a professional caregiver, and I have the cleanest record of being the sweet girl on the block it sometimes makes me ugh. I am that way because I was raised that way. Somehow, my sister was raised in the 60's the hippie's era, and I was not, big difference. She just could not and I mean could not and is just now dealing with her husband's death. Honestly, I would not take the time out of my life to work on something when I know that I honestly have done nothing but be born 10 years later to deserve this type of treatment. Tonight, at dinner, she was very nice, and I just about rolled in my gravy, and of course my husband and I had no clue she was coming, but at least she was cordial, and again "one big happy family", however they did talk about Christmas, and I said oh we are going to be out of town. Too much drama. But thank you for thinking that it had to be something. If it was, I was 10 years younger, I got more things because my parents had more money, and I was a figure skater. That is it. Thanks.
A person holding POA should keep detailed records of all transactions, paperwork, etc., as they pertain to the parent. The agent should not use the parent's finances to benefit themselves. If an agent has been providing proper financial care for the parent, there is no reason for the agent to refuse to disclose financial information to the other children. By the way: an agent is not entitled to alter a will. An agent who alters life insurance policy beneficiary information when the parent is unaware of the change and has not requested the change and/or has been declared incompetent or mentally incapacitated or has been diagnosed with dementia has committed something called Power of Attorney abuse, which can be considered a crime.
My advice to those who hold POA is to be completely willing to disclose any and all financial information and paperwork to siblings/family members who request it. The family members cannot get hold of the money anyway, if there is any money, so what' the problem? If you don't comply, you could be taken to court, and the judge would most likely wonder why you haven't been forthcoming about the information. Non-disclosure looks like thievery.
My suggestion is to do this right away. Again, if this is going on in Virginia, you can give your sister 60 days to provide you with the information. If she doesn't comply, take her to court and let her tell a judge why she won't be forthcoming. If you wait, though, and your mother passes away (I hope she continues to live a healthy, happy life), your sister will have a full year in which to provide you with financial information. Act quickly.