The understanding I have about not needing a Will if there is no titled property is that since sister D (POA) is on all financial accounts as JTWROS, then sister D can just show a death certificate, distribute the funds any way she chooses, and close the accounts, after notifying SS of the Mom's death.
Does sister B need concrete evidence of wrong doing before a guardian is appointed by probate court? Or, does sister B simply determine the incompetency of the Mother and that, alone, is sufficient to appoint a guardian to over come the POA. What happens after a guardian is appointed? That is, who checks out whom? What will the guardian do? How fast does this process go?
How and who determines the incompetency of the Mother? Does the attorney send someone to determine this before he/she approaches the court for a guardian? It sounds too easy to appoint a guardian that will override the POA. How is it determined why a guardian should be appointed? Could the court decide that a guardian is not needed even if the Mother is incompetent? Will the POA be ticked off if a guardian is appointed? In our case, the POA is the same person who will serve as the Executor of the estate.
1. Ball park cost (fees) to do this?
2. Why would the court be concerned if the Mom is competent or not? If the POA is taking care of her bills and Mom is getting good care at nursing home, why would the court step-in just because Mom is incompetent? Seems like lot of people are in a similar situation, but the court is not called in.
3. BotXXXXX XXXXXne: We want to make sure the POA is not spending the Mother's money on frivolous things not related to the basic and needed items for the Mother; i.e., not wasting the Mother's savings. Because once it runs out, Medicaid will take over to a certain extent.
So, is the probate court the best way to check up on the POA? The POA refuses to discuss ANYTHING with us. Will not even say one word.
Can we start another exchange, or thread, for more information that we came up with overnight?
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