We need to stop a sibling from borrowing money from “the bank of mom” when it often does not get paid back. He’s nearly 60 years old and still uses her checking account and doesn’t have one if his own. It’s constant and she has recently put one of his bills on a credit card she herself could not have paid and asked us other children to pay the bill. Essentially asking us to pay his bill. How do we stop this permanently?
There are a lot of levels to dementia. If she still understands money, where it comes from, and what it is used for, she can make a decision on what is appropriate in her son's case. If she doesn't, why does she still have a credit card? Could it be that this is not a concern for her finances but resentment that the brother is getting something that YOU are not?
I would leave the original account open with funds for several months. This will give your brother time to figure a new plan. He probably has a sense of entitlement and will be manipulative, but stand your ground. Your mother’s financial future is at risk. Good luck. I hope things work out well for you.
I just pray mom is ok
IF she does not have dementia, there probably is not a lot you can do. APS could be tried, but based on comments read on various threads here at AgingCare.com, they may not do anything or much.
You could try, as others suggested, having a very detailed discussion with her about potential needs in the future. Details need to include potential rehab, AL, MC, NH - costs vary from one region to another and from one facility to another, so document by getting prices for these various facilities in your area. One quick search yielded this: "The cost of Assisted Living Facilities nationwide can vary from $2,000 - $5,000 per month. Sometimes people have a false sense of security about what their insurance will pay. It’s important to know right up front that Medicare will not pay for assisted living." THAT is just plain old assisted living. Getting into Memory Care (MC) or Nursing Homes (NH), those costs will be higher. Here in the NE, mom's MC has gone up (we're now in year three) to about 7915/mo (self-pay non-profit.) NO SS payment is that high!
She needs to understand these potential costs and the fact that not all children can afford to take in a parent - could be any combination of space, funds, and/or emotional/physical toll. She also MUST understand what others have said about Medicaid - she won't qualify if she keeps giving him money and won't have money to get care for herself. Not only that, choices for places to live based on Medicaid (if/when she qualifies) will be limited. If self-paying, you might have better choices, but if you insist on giving money to this brother, you will NOT have sufficient funds to provide care for yourself in the future!
Under NO circumstances should any of you agree to pay for that mom credit card bill that paid your brother's bill!!! Sorry mom, it is HIS responsibility to pay it or pay it back. Not my debt, should not have been yours either!
IF she does have dementia, then you can take steps, but they will depend on what stage of dementia she is at. IF it is early enough and IF mom is agreeable, you could get DPOA set up and hopefully either have mom agree to allow you to take over finances and/or ensure it has appropriate wording that determines when you can take over (if not immediately). If so, immediately work with the bank(s) to close that account and have new cards issued (or better yet, close the cards down!) IF she is NOT agreeable, then you are back to square one.
If she has dementia and the attorney cannot get her to understand/agree, then DPOA will not be an option. Guardianship/stewardship/conservatorship are good options, but are not cheap, take time, require keeping good records and reporting back as the court requires, BUT is not guaranteed. IF she is deemed competent, no go. IF she decides to fight it, the court will order an attorney for HER, but her assets will have to cover all the costs. Unless you are certain you can win, this might not be the right time to fight this. If you do believe she is far enough down the dementia path, this might be the best option, just in brother has set up any kind of POA or similar process to "control" mom and/or her assets - Court approved guardianship will override any POA.
Another option is to apply to be representative payee for SS. Again, she will get notice of this and can refuse (they may require some intervention to determine her capacity, but I don't really know - I was able to get this for mom without issue or cost other than my time and gas.) IF it is approved, only the applicant (you) can access the special account set up for it. That would prevent him getting access to her SS money/account, but if she has many other assets, those are still loose hanging apples.
Everything hinges on if mom is deemed competent.
Unfortunately just her giving money to your brother is not sufficient, legally, for you to step in and take over. That would make her silly and gullible, not necessarily incompetent.
Also, if y'all are in TX, you posted a comment elsewhere and seemed to know some of the ropes needed in a similar situation - why not take the steps you suggested there?
Don't help with the bills - this is enabling. Use her request for help as an opportunity to talk with her about her finances and the issues with medicaid. This may best be done with an elder lawyer familiar with medicaid. At the same time draw up POA etc if it has not been done.
Your bro is extremely dependent if at age 60 he is still using her bank account, She is extremely co-dependent that she allows this. Interfering with this (however necessary) will be difficult.
I agree report this to APA, her doctor and her bank. Does she have any signs of dementia?
Based on this she should not be taking care of her own finances.
You can seek Guardianship of your mother. By doing this you will have control over her accounts. You would become Guardian of the person and the estate.
Guardianship is NOT easy and there is paperwork involved but it will protect her assets. All purchases have to be documented and any withdrawal will be reviewed by the court.
If your Mom has to apply for Medicaid any "loans" will be problematic and either have to be repaid or it will delay the acceptance of Medicaid.
I suggest an Elder Care Attorney that will help with the Guardianship and possibly finding a way to get "deadbeat" son to either repay loans or possibly begin a suit for repayment, or threaten to bring charges of elder financial abuse.
that. :)
If she is a basically reasonable woman, then try to have a nitty gritty talk about the realities of aging - how she will need ALL her money for her own care. Hate to say it, but be brutally frank of this. No softening or she will assume she can talk you around if necessary.
POA should be put in place, I think.
And then tell Mom you will be taking charge of all HER bills and her accounts. Make sure Mom only has $5.00 in account at all times. You will need to babysit mom's money flow.
Try to keep it very factual. If you can muster it without sarcasm or anger, talk with your brother about how you might help him to budget so that he can meet his expenses without mom's help.
Do not try to get mom to agree that she shouldn't be supporting her son. She believes what she believes and she has a right to. She may even think that it's reasonable to expect her other children to help support him. Don't try to change a mom's mind about her kids.
Stick to the facts. She will need that money in the near future and it needs to be there for her or she will not have any choices about her independence.
That said....How old is your mom and have you noticed cognitive decline? Is there any way to convince her to give either you or another sibling DPOA? If so, get that name on checking and CC, and any assests she may have asap and inform brother financially he needs to fend for himself. Certainly not an simple fix with family dynamics such as they are, but a necessary one.....especially when you’ve reached the point when siblings are approached to pay for deadbeats bills. You have to prepare for the possibility of long term care for your mom..... and her generosity to your brother can truly impact the type of care she receives with penalties incurred because of the Medicaid five year look back.
Good luck...it saddens me to know you are going through this as well. Not only does a situation like this raise anxiety levels, but we also have the emotional impact that needs to be dealt with. Not easy by any stretch.
My cousins even "sweet-talked" my Grandma's 90+ year old Brother to give them money, used cars, used mobile homes, pay their house rent, etc. We have determined that they got $50,000 - 80,000+ from Grandma and $80,000 - $100,000+ from her Brother during the 10 years before their deaths.
The only way to stop the "money bleeding" was for my Dad to petition for Conservatorship of Grandma.
If you can prove that your Mom is giving your sibling her Social Security money as soon as it is deposited into the bank or as soon as the check is cashed, you might be able to have the sibling charged with Fraud against Social Security and Financial Abuse of an Elderly Person.
Does your Mom live by herself or with this sibling? Do you think that your Mom will be needing to go into a nursing home and needing Medicaid in the next 5 years? If so, then you need to have a family conference to discuss your Mom's future health care needs and how she is going to pay for them. (I am guessing that your Mom is in her 80's?) Medicaid looks back 5 years to see how much money your Mom has "gifted" or given to anyone and will penalize your Mom for giving her money away instead of saving it for her care. Who is your Mom's DPOA for Finances and Healthcare?
she cant stop herself. Have it ready to go by taking her to the bank
my MIL has given my BIL over 200K over the last 20 years