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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 101395
Experience:  Lawyer
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I have a sister that has been living illegally in the US

Customer Question

I have a sister that has been living illegally in the US under several name for 36 years. She has now returned to Canada and has moved in with my 86 year old mother. Now in Canada she has been able to reestablish herself.
With her very colourful history how should I help protect my mother from her repeating what she has done in the US ?
Submitted: 2 years ago.
Category: Canada Law
Expert:  Debra replied 2 years ago.

I do not understand what you are concerned that your sister will do because I do not know what she will do in the US.

Are the POAs for when your mother is no longer competent?

Is she competent now?

Customer: replied 2 years ago.
My mother is currently competent and the POAs are in place if she is no longer competent.
My sister during her time in the US has remained a Canadian citizen along with her benefits including OHIP. She has accumulated several US SSN's under as many false names and never became a US citizen. This has lead to several judgments against her only to find she simple moves on to another name. Her husband has long been gone from the US and has a standing IRS tax lien register to his name.
She continues to travel on a Canadian passport to the US where she assumes one of her other names. Her residence in the US shows several people living there including an individual who has passed and several of her assumed ID's. The residence is register to a US corporation that has been terminated by the SCC and she is the registrar and a director using one of her US names for each position.
With this questionable past, her sudden return to Canada and her attempts to separate my mother from her limited means I am lookin for way's to protect my mother from her daughter.
Expert:  Debra replied 2 years ago.

I am so sorry to hear of this horrible situation.

If you are appointed under the POA then you will be in charge when if your mother becomes incompetent as you know. But you are correct in that she can be unduly pressured by your sister to give you sister money, for example. And that is a concern because it is elder abuse and hard for you to address if your mother knows what she is doing in the sense of understanding what your sister wants but is willing to give it to her when asked or pressured.

All you can do at this point is be very vigilant in terms of your mother's finances and perhaps try and not let her leave cheque books or cash around. That way you sister cannot steal from her or commit fraud or forgery. But also ask your mother to let you review all cheques that she writes and explain why it is best for her that you check what she is doing.

I don't know how the Trust works but make sure the Trustee understands your concerns.