My brother is stealing my mother's social security money. Her income is about $1200.00 per month. She gave him POA, but he has removed her name from the bank account. She only needs about $400.00 monthly for rent, meds and food. However, when she asks him for money, he tells her that they don't have any. The money is being directly deposited into his personal account. Now, how are they able to afford a brand new Mercedes SUV and have 6 or 7 Airstream campers in their yard that they fix up and sell. They also went on a trip to Alaska and Egypt. We all live in North Carolina. My mom is 93 and sharp minded! Any suggestions and is this considered a felony offense?
Is your brother her "rep-payee" for Social Security?
If he does not use the money for her needs only, Social Security wants to know about it.
If they live together, and he is her caregiver, he can own things, or do business separate from her, unless it is called Supplemental SSI for low income (calculated to include his income and whoever lives in t h e household.) Imo.
Maybe you need more information?
If Mom is giving away her money to your brother and Mom is sharp minded, then there isn't anything you can do, it is her money to use as she wish.
As for your brother's new car, and various trips, it could mean he is holding a lot of debt. Some people live for the moment and worry about payments later on.
You may want to talk to an Elder Law Attorney about how you feel that your brother is taking Mom's money, you would need to have copies of a paper trial to prove what is happening.
Is the POA springing or durable? What specific authority does it give him (I'm assuming she has a copy)?
What I would do is see the attorney who drafted it, and make the appointment ASAP; call tomorrow. Have another POA drafted, naming someone else as proxy, even the attorney if he/she's willing. That takes the issue out of the family dispute scenario, at least while the issue is straightened out.
Ask the attorney to notify your brother that his authority as proxy has been terminated, that he should provide an accounting to your mother, via the attorney. That accounting should include anything and everything he's done, copies of documents he's executed, disposition of assets, etc.
Don't wait until next month; initiate a conference call with your mother to SS to address this now. In the meantime, consider some type of protection for her, such as an alarm system, medic alert pendant so she can just press the pendant button if she needs help (as in if he comes over and tries to get more money).
I'm not sure if elder and financial abuse are felonies. I think that theft can be, depending on the amount, i.e., less than a certain amount might be a misdemeanor but over a certain amount is a felony. And that may depend on state law as well. A police officer could help with clarification of these issues.
Apparently you live in NC, but not close to your mother? I think I would make this a priority and get to the banks ASAP to stop this now. Take her to the bank with you. Ask the bank for documentation as well - a copy of the signature card by which he opened the account, a copy of the close-out information, and then high tail it to the local police department.
Also, put a credit freeze on her credit files. Notify any banks or companies with which she has credit files, and ask that fraud notices be created. Then get new cards, but don't let him know.
If the attorney you consult can obtain them, get credit reports on him; that'll help identify where the money went.
Do you have any idea what he specifically did with her funds? If so, contact the merchants (but ONLY if you know for sure that her funds were used) and alert them that there are "issues" with funds he may have used and that an investigation will be requested. Ask for copies of checks, or other identifying information.
But make sure that you have all the facts before publicly accusing him of fraud and theft.
Your brother can NOT remove anyone's name from an account w/o (a) your mother's agreement for a new signature card to be executed, or (b) a Death Certificate.
I had to go through the ringer when i simply wanted it changed to a different bank when we moved us and her to a more affordable state. She had to be put on the phone and i was told the conversation would be terminated if they thought i was coaching any answers. We barely made it through as she has memory issues. But we did barely.