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The financial POA can do this, yes. Mom's social security would have to go into another account, but sister could set one up that you have no access to.
As moms primary caregiver, you should have a contract drawn up to receive a certain amount of money each week or month, and no more. No child should have access to all their parents finances to use on themselves.
Why are you dependent on your mother's income and not your own? And yes if your sister is your mother's POA she now has to do what is in the best interest of your mother not you, and that may mean that all of your mother's money now goes towards her care which is only right. I hope you're able to find a job and can now start paying your own way in this life, as that is how it should be.
If she has POA, then yes, she can cut you off. Mom's money is for her and her care. If you agree to be her caregiver, then you and mom and sis need to come to an agreement on how much you get paid. Right now, though, you aren't doing any caregiving because mom is in a nursing home. Is she expected to come home? If so, and if you want to be paid to be her caregiver, you must come to an agreement with your sister and mother if she's competent.
If you and Mom had a written agreement - you giving up outside work to be full-time with Mom - you might have something to appeal with Sis. But, it seems circumstances have changed - Mom may get stuck there, Sis is managing her finances - so it may be wise to ramp up your job skills (I know folks who've gotten on-the-job training as pharmacy technicians) and support Mom emotionally with visits and calls.
I agree with mstrbill. Your sister has POA. That means that she can change your mother's accounts. However, if she cannot have mom re-direct her social security as representative payee for SS she may have a more difficult time having the SS check changed from current account to new account. She can, therefore, move all funds from the current accounts putting them in your mother's name only with her as POA and signee on checks. It "may" be more difficult to get SS check moved to new accounts and it may not. Depends on the bank's rules. You should not have been accessing money from your mother's accounts for yourself. Your mother's money is hers. If you were her caregiver, and living with her free of charge, you may have had a right to her funds in order to shop for food and so on. That should have been by a contract drawn by an elder law attorney.
Not going through legal steps often ends this way, and we have many times seen caregivers end up with their elder in care, or passed on, and those caregivers with no jobs, no job history and no income. We usually direct them to homeless shelters because we have no idea what other options there may be.
If you were primary caregiver for your mother I hope that you were not estranged from your POA sister. I hope that the two of you can talk and discuss. I am sorry and wish you the best going forward.
I had access to pay bills by grocerys pay for meds do upkeep on the house etc..I worked all my life and when dad passed I agreed to take care of mom and live there of course rent free. My sister has POA and closed check books causing lots of bad checks, now unpaid and late bills,no money to change oil in care and get it ready for winter. She's coming home in Dec but does that give my sister the power to cause my mom more financial hardship?
I am so sorry you have been put in this position. The person doing the caring should also hold the POA. This is something you and sister need to talk about, what happens to you if Mom needs to stay in the NH? Her SS ends up going towards her care. You could claim caregiver allowance to stay in her home if she owns it but you will need you can afford taxes, utilities and upkeep to Medicaid if she applies for it.
Jackie, you say in one reply that you're 18 and about to graduate but you say in another that you've worked all your life and moved in with your mom when your dad died. For us to answer accurately, how old are you, how old is your mother, and what is the real situation?
Yes, your sister can close bank accounts and so forth if your mother is mentally incompetent or incapacitated for some reason. If your mother is disabled and you are a minor, she has been collecting social security for you on her disability. So more likely mom has been dependent on your income to support her rather than you being dependent on hers.
When you're 18 the social security/disability money your mother has been getting for you as support will start coming in your name. So will any other child support she gets for you if it is court-ordered and your father has been ordered to pay fofr your entire 18th years. The Social Security support your mother surely collects for you on her disability will pay for a year if you are still in school to you. So make sure you spend your 18th year in school of some kind. Your sister can't take that money or any court-ordered child support.
As for your mother and her broken hip. A POA does not become active and legal to start selling off assets and transferring bank accounts because someone gets a broken hip or needs an operation.
Is your mother still mentally competent despite her broken hip? Unless your sister is her conservator/guardian because she's mentally incompetent, she can get in a lot of trouble if she starts fooling around with your mother's banking and social security. My guess is your mother doesn't have any assets because she's probably on SSI and you live in rent-subsidized housing. If such is the case, your sister can't do anything about that so long as you are listed on the lease.
Also, if you're almost 18 you have not worked your entire life. I have shoes older than you. At least finish high school. After that your school's guidance councelor can help you with other options. You can't afford to be a caregiver to your mother because you will have to support yourself. I know it's hard because I'm sure you love your mother, but you making your own life must be the number one priority to you. Not your mother's needs, not your sister's BS or any other family nonsense. No one is going to take of you, so you're going to have to and that has to be most important thing in your life.
By proceeding, I agree that I understand the following disclosures:
I. How We Work in Washington.
Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services.
APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
II. How We Are Paid.
We do not charge you any fee – we are paid by the Participating Communities. Some Participating Communities pay us a percentage of the first month's standard rate for the rent and care services you select. We invoice these fees after the senior moves in.
III. When We Tour.
APFM tours certain Participating Communities in Washington (typically more in metropolitan areas than in rural areas.) During the 12 month period prior to December 31, 2017, we toured 86.2% of Participating Communities with capacity for 20 or more residents.
IV. No Obligation or Commitment.
You have no obligation to use or to continue to use our services. Because you pay no fee to us, you will never need to ask for a refund.
V. Complaints.
Please contact our Family Feedback Line at (866) 584-7340 or ConsumerFeedback@aplaceformom.com to report any complaint. Consumers have many avenues to address a dispute with any referral service company, including the right to file a complaint with the Attorney General's office at: Consumer Protection Division, 800 5th Avenue, Ste. 2000, Seattle, 98104 or 800-551-4636.
VI. No Waiver of Your Rights.
APFM does not (and may not) require or even ask consumers seeking senior housing or care services in Washington State to sign waivers of liability for losses of personal property or injury or to sign waivers of any rights established under law.
I agree that:
A.
I authorize A Place For Mom ("APFM") to collect certain personal and contact detail information, as well as relevant health care information about me or from me about the senior family member or relative I am assisting ("Senior Living Care Information").
B.
APFM may provide information to me electronically. My electronic signature on agreements and documents has the same effect as if I signed them in ink.
C.
APFM may send all communications to me electronically via e-mail or by access to an APFM web site.
D.
If I want a paper copy, I can print a copy of the Disclosures or download the Disclosures for my records.
E.
This E-Sign Acknowledgement and Authorization applies to these Disclosures and all future Disclosures related to APFM's services, unless I revoke my authorization. You may revoke this authorization in writing at any time (except where we have already disclosed information before receiving your revocation.) This authorization will expire after one year.
F.
You consent to APFM's reaching out to you using a phone system than can auto-dial numbers (we miss rotary phones, too!), but this consent is not required to use our service.
As moms primary caregiver, you should have a contract drawn up to receive a certain amount of money each week or month, and no more. No child should have access to all their parents finances to use on themselves.
And yes if your sister is your mother's POA she now has to do what is in the best interest of your mother not you, and that may mean that all of your mother's money now goes towards her care which is only right.
I hope you're able to find a job and can now start paying your own way in this life, as that is how it should be.
You should not have been accessing money from your mother's accounts for yourself. Your mother's money is hers. If you were her caregiver, and living with her free of charge, you may have had a right to her funds in order to shop for food and so on. That should have been by a contract drawn by an elder law attorney.
Not going through legal steps often ends this way, and we have many times seen caregivers end up with their elder in care, or passed on, and those caregivers with no jobs, no job history and no income. We usually direct them to homeless shelters because we have no idea what other options there may be.
If you were primary caregiver for your mother I hope that you were not estranged from your POA sister. I hope that the two of you can talk and discuss.
I am sorry and wish you the best going forward.
Are you saying you're still a minor? You're either 18 or you're not.
If you're 18 then your Mom must be about in her late 30s, 40s or early 50s? How does one this young break a hip? She's not even a senior...
Your information is confusing. Please clarify, thanks.
When you're 18 the social security/disability money your mother has been getting for you as support will start coming in your name. So will any other child support she gets for you if it is court-ordered and your father has been ordered to pay fofr your entire 18th years. The Social Security support your mother surely collects for you on her disability will pay for a year if you are still in school to you. So make sure you spend your 18th year in school of some kind. Your sister can't take that money or any court-ordered child support.
As for your mother and her broken hip. A POA does not become active and legal to start selling off assets and transferring bank accounts because someone gets a broken hip or needs an operation.
Is your mother still mentally competent despite her broken hip?
Unless your sister is her conservator/guardian because she's mentally incompetent, she can get in a lot of trouble if she starts fooling around with your mother's banking and social security. My guess is your mother doesn't have any assets because she's probably on SSI and you live in rent-subsidized housing. If such is the case, your sister can't do anything about that so long as you are listed on the lease.
Also, if you're almost 18 you have not worked your entire life. I have shoes older than you. At least finish high school. After that your school's guidance councelor can help you with other options. You can't afford to be a caregiver to your mother because you will have to support yourself. I know it's hard because I'm sure you love your mother, but you making your own life must be the number one priority to you. Not your mother's needs, not your sister's BS or any other family nonsense. No one is going to take of you, so you're going to have to and that has to be most important thing in your life.