Q: Can my sister keep all my mom's money from her
My sister claims to be my mother's poa. She takes all of her money out of a joint account between her n my mom and deposit it in her account. Her gas bill is overdue by 1,000 dollars. She takers her to no appointments me and my wife do. My mom thwrclains she doesn't even want her in the property and doesn't want my sister to be left anything. She does not pay for her meds or reimburse me and my wife. I asked her if mom could have some of her money and she sent me a text and said flat out no. My mother doesn't even know she gets a check every month
A: Anyone acting under a power of attorney has a fiduciary duty to act in the principal's best interest. If your sister simply took your mother's money, then she is arguably in violation of that duty. Since your sister will not likely respond to a written demand (based on her text message) you will likely need to bring legal action.
Peter J. Weinman agrees with this answer
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