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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.
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My Mom put me on her account after my Dad died. I wrote her expeditures from that account. When I cashed in her CDs, the money went into that account. If I had any out of pocket for her, I wrote a check once a month to pay me back. The receipts were putbin an envelope with the month put on it, amount and check#. Other than that, I never used her money for myself.
Medicaid asks for 5 years of bank statements. I could account for every check written. You have to be careful, because any account with Moms name on it, is considered hers by Medicaid until you prove different. When Mom assigned me POA, the lawyer suggested that her name be taken off my disabled nephews account for this reason. We did take her off.
POA need to act in the best interest of the person they have the POA responsibility. This does mean that a joint account should be set up to give full authorization for expenditures the person has and the POA will need to pay with the money from Mom. This money can not be used as personal profit or payment of duties (in most cases) of the POA and any transfers should be well documented with receipts.
Not knowing full details your question can not be answered. If your mom is in need of LTC through Medicaid the lookback is 5 years for most states. The department will scrutinize any expenditures, with-drawls or transfers over a certain threshold (NYS is >$2k). Anything that they deem non allowable will be used in a penalty calculation before mom becomes eligible for Medicaid LTC. So if your brother is abusing his POA responsibility your mom is the true victim.
No, he can’t and if he’s handling her social security money he has to be assigned as representative payee where tgey might want to see an annual accounting
Not knowing the specifics or the circumstances, I believe the answer is NO.
However, I think some people still do it. I think the snag is that such an act is not formally monitored and it has no oversight. Also, people are quick to think someone making such a claim is only acting out of "sibling rivalry" and they dismiss it.
If there is actual wrong-doing, going down this road can be exhausting and heartbreaking.
You may get people in positions of authority to take action if you have some proof. For example, getting a document of any account balances in your mother's name to show as a "before" balance that someone can compare to an "after" balance might be helpful. Anything can help.
Also, as stated by others, contacting an elder law attorney or estate litigation attorney for a phone consultation might help answer some of your questions and give you more clarity on the options available for you.
What is your mother's situation? Does she live with your brother, or on her own, or with someone else? Does someone provide either paid or unpaid care for her?
I just hope your brother is taking good care of your mom. If he is POA, I hope he does most of the hands on caring for mom, making sure she's getting to her dr appointments, bills, , caregiving, everything geriatrics, meals, socializing...hygiene. Maybe it's just easier to take out a bit and distribute accordingly. Now, if you're doing all the hands on geriatric caring, then perhaps you need to have lunch with brother and discuss this. Is your mom well taken care of?
No, he cannot transfer money to his own account. Moms finances should be kept separate from his. If she ever needs Medicaid, comingling Moms money with his will makevit hard to get Medicaid.
I'd be careful not to immediately accuse your brother of stealing based solely on the transfer. Which, by the way: how do you know this information? If your Mom told you -- and your Mom has dementia, even mild dementia -- you need to understand that paranoia and confabulations show up in the mild and moderate phases. The info a demented elder tells you needs to be verified.
A critical fact is how the receiving account is titled. If it says something along the lines of “Mom's Name, Brother's Name as POA/agent,” that's very different from money being deposited into Brother's ordinary personal checking account.
Before you take any action you will need hard proof that what you were told is actually the truth. If it is, I would consult with an elder law attorney right away before your Mom's funds get spent and her assets are drained.
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.
Medicaid asks for 5 years of bank statements. I could account for every check written. You have to be careful, because any account with Moms name on it, is considered hers by Medicaid until you prove different. When Mom assigned me POA, the lawyer suggested that her name be taken off my disabled nephews account for this reason. We did take her off.
Not knowing full details your question can not be answered. If your mom is in need of LTC through Medicaid the lookback is 5 years for most states. The department will scrutinize any expenditures, with-drawls or transfers over a certain threshold (NYS is >$2k). Anything that they deem non allowable will be used in a penalty calculation before mom becomes eligible for Medicaid LTC. So if your brother is abusing his POA responsibility your mom is the true victim.
However, I think some people still do it. I think the snag is that such an act is not formally monitored and it has no oversight. Also, people are quick to think someone making such a claim is only acting out of "sibling rivalry" and they dismiss it.
If there is actual wrong-doing, going down this road can be exhausting and heartbreaking.
You may get people in positions of authority to take action if you have some proof. For example, getting a document of any account balances in your mother's name to show as a "before" balance that someone can compare to an "after" balance might be helpful. Anything can help.
Also, as stated by others, contacting an elder law attorney or estate litigation attorney for a phone consultation might help answer some of your questions and give you more clarity on the options available for you.
Now, if you're doing all the hands on geriatric caring, then perhaps you need to have lunch with brother and discuss this.
Is your mom well taken care of?
A critical fact is how the receiving account is titled. If it says something along the lines of “Mom's Name, Brother's Name as POA/agent,” that's very different from money being deposited into Brother's ordinary personal checking account.
Before you take any action you will need hard proof that what you were told is actually the truth. If it is, I would consult with an elder law attorney right away before your Mom's funds get spent and her assets are drained.