My relative's wife was added to my aunt's bank account as joint owner. New checks were ordered and no updates were made to change it from a long ago address or add the new name. My aunt was deemed incompetent some time ago. Family conflict is something I want to avoid, but I am not getting any cooperation or information as to why this was done and I am the poa. The amount that was withdrawn is not worth a fight in court, but what more can I do?
Go to her Lawyer NOW, resign your POA, and walk away. Make what you do for your aunt going forward only lovely VISITS, and let the rest work out however it does.
My advice is not to walk away, but to RUN AWAY from this mess. There is someone there who is eager to have this mess; give it to her. Because it is going to be a horrific mess, otherwise. And it will drive you so nuts that you will need your OWN POA and care moving forward.
Why does your aunt still have an insurance policy? What is the policy for? I found the following from the website of California Advocates for Nursing Home Reform:
"The cash value of life insurance is usually a countable asset under Medi-Cal. There are two exceptions. The first is for small amounts of insurance. An applicant can exempt the cash value of insurance if the cumulative value of the death benefit of all policies is equal to or less than $1,500. Of course, it is unusual for an individual who owns insurance to own such a small amount of coverage. Apparently the exclusion is to allow the funding of burial costs with insurance.
If the cumulative value exceeds $1,500, then the insurance is counted and there is no exemption, not even for the first $1,500 of coverage.
It is important to note that the face value is used to determine if the insurance is exempt. However, the value of the insurance as a countable asset is the net cash surrender value.
The second exemption is for term insurance policies. Term insurance is insurance that accumulates no cash value. Instead, the premiums pay the actual cost of insurance and do not fund an accumulation account to defer the future cost of coverage.
All other policies owned by the applicant or spouse are countable for eligibility purposes."
"There have been several ATM withdrawals but totaling less than $1200" At what banks were these withdrawals made? Was your aunt present for them? I would raise holy H-E-L-L with the bank for allowing these cousins to rip off a woman on Medi-Cal. I would threaten to go to the media if the bank did not fix the mess they created by failing to do proper due diligence.
Your aunt is vulnerable. In my opinion, abandoning her now would make you feel worse in the long run.
I am POA for a half cousin with no family other than another cousin who is 91. When cousin was in ICU, the hospital was pressuring the 91 yr old to be POA.. Our cousin had appointed an attorney as POA who had retired and moved and no secondary. So I agreed so the hosp. would stop badgering the elderly cousin. MISTAKE. I had to get rid of the decrepit house that I had never seen, deal with banks etc. Would not do it again....and there was no one else muddying the waters. Wish you the best and post how it turns out please!