I have a multi-layered question regarding caring for my aging mother. First of all, prior to my father's death, he paid to have my husband and I build an apartment for them in our carriage house. He and my mother moved in December, 2010, prior to completion. My father died in January,2011. Prior to his death, he listed me as an owner on his checking/savings accounts, along with my Mother. My sister obtained power of attorney over my mother and seized the savings account. She is doling out money each month to pay for my Mother's care. I have full responsibility for my Mother. She lives on my property and I'm the one that attends to her daily needs. I have employed a part-time caregiver who works 5 days per week, 10:00 am to 6:00 pm. I have the responsibility for my mother every morning until 10:00 and every evening after 6:00, along with all day Sunday and Monday. I do her shopping, pay her bills, take her to doctors appointments, etc. My sister has decided that $600 per month is an adequate amount for my compensation. I wholeheartedly disagree. My mother is suffering from dementia and was suffering from dementia when my sister had her sign the Power of Attorney. I want to know:Can my Mother revoke the Power of Attorney;Can my Mother request that the money removed from savings be returned to that account? It is deposited with the same bank and I do have the account number;Can distributions legally be made to heirs prior to the time my mother has to go to a nursing home? If disbursements are made and my Mother winds up in a home within the next couple of years, would the money have to be repaid to her estate?
Country relating to Question: United States
State (if USA): Washington
Hi, Welcome to JustAnswerMy name is XXXXX XXXXX X would be glad to help I am sorry to hear about what your sister is doing. It is usually the siblings who do not give any kind of care to the parents that do not have a clue as to what the caregiving sibling is going through and how taxing it is on them emotionally, physically and mentally, 1. & 2. In order for a Power of Attorney to be valid, the Principal (Person signing the POA) must be legally competent at the time of execution of the Power of Attorney. It is important to note that just because a Court has not declared an individual incompetent, does not mean that the individual is competent and can execute legaly binding and enforcible documents. Therefore, even though your mother was not declared incompetent by a Court, does not mean that she was competent.
From your facts, i.e., that your mother suffers from dementia and was suffering from dementia at the time your sister had her execute the Power of Attorney, it appears that the Power of Attorney was invalid ab initio. from the very beginning. If it was invalid, then your sister did not have authority to act under the Power of Attorney, except that actions taken by others (the bank) in reliance on the Power of Attorney cannot be held liable for any loss. Therefore, anyone suffering damages resulting from any action taken by the bank, must look to your sister to recover their loss.
Being mentally incompetent to execute a legally binding Power of Attorney, would also make your mother equally incompetent to execute a Revocation of the Power of Attorney. Therefore, you should bring these facts to your sister's attention and ask her to give you the document creating the Power of Attorney so that you can destroy it. If she does not give it to you voluntarily, speak to the Bank Manager, explain to him the facts about your mother's mental incapacity, and tell him that the Power of Attorney held by your sister was and is totally invalid and void, and that the funds taken by your sister and put into another account must be returned to the original account so that the cost of your mother's care can be paid. You should also tell him that you and your mother were the legal owners of the account in which the funds were originally deposited. The last thing you tell him should be that he and the Bank have been put on notice of the invalidity of the Power of Attorney and any action he takes hereafter, will make the bank liable. Confirm that you put them on notice by letter and send it by Certified Mail, Return Receipt RequestedIf necessary, you may have to file a lawsuit against your sister and if the Bank has taken any action after you put them on notice, you may also have to name the Bank as a Defendant also. taken after he and the bank have been given this notice that he has been you may have to file a lawsuit against her, asking the Court to declare the Power of Attorney invalid. 3. An "Heir" is someone who inherits something belonging to another when that person passes away; there are no "Heirs" until the person with the assets passes away, and distributions are not made until the other person departs this world. Therefore, no distributions of any kind can be made to anyone, until your mother passes away, and until such time, all the assets belong to the would be decedent. , 4. As I said in Number 3, above, until such time as your mother passes away, her funds belong to her and must be used for her care. If anyone takes any of your mother's funds for their own use and benefit, they can be charged criminally and be sued in a Civil Action. In addition, if your mother must be placed in a nursing home and placed on Medicare or Medicaid who will be paying for her care, Medicare or Medicaid will look to the estate for reimbursement and will reverse any transfer of assets and money back into your mother's estate. Please be kind enough to rate my service to you as "Excellent", If you rate me at anything less than 3 stars, it will appear as a negative rating against my name,
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25 Yrs. Family Law, Estates, Real estate & Bus. Law, Criminal Defense, Immigration, Employment Law
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