High Point, NC asked in Banking, Elder Law and Estate Planning for Georgia

Q: Bro & I have POA for 93 yr old Mom.He takes her $. Mom has to sell house to pay for care. Where put $ keep from him?

She is in asst livg. He uses credit card for her meds etc & 4 himself & checks from her SS. I live diff state. Property val near $1 m. All her cash is gone, for her care. What vehicle to use for sale proceeds ensure safety of $?

2 Lawyer Answers
Nina Whitehurst
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  • Estate Planning Lawyer
  • Crossville, TN

A: If your brother is stealing from your mother, you might need to file a petition to have yourself appointed as your mother‘s conservator. Then, as conservator, you can sue your brother for the funds he stole. And, as conservator, you will have the sole right to manage her financial affairs going forward.

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James L. Arrasmith
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  • Estate Planning Lawyer
  • Sacramento, CA

A: In your situation, considering the need to protect your mother's finances while she is in assisted living, setting up a trust might be the most secure option. A trust can provide clear instructions on how the funds should be used, specifically for your mother's care and well-being. It's important to appoint a reliable and trustworthy trustee who is not your brother to ensure that the funds are used appropriately and to minimize the risk of misuse.

Additionally, it's advisable to consult with an attorney experienced in elder law or estate planning. They can guide you through the process of setting up the trust, help you understand the legal requirements, and ensure that all actions taken are in your mother's best interest. Make sure all legal documents, including the power of attorney and the trust, are up-to-date and reflect the current situation and your intentions.

Lastly, keep meticulous records of all transactions and expenditures related to your mother's care. This can help in monitoring the funds and ensuring they are being used for their intended purpose. Communication with the facility where your mother resides is also key; ensure they understand the new financial arrangements and who has the authority to make decisions on your mother's behalf.

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