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This is a question for a lawyer experienced with elder financial abuse in your Mom's state of residence. We are a global forum of citizens, not professionals.
A POA can be paid according to the wording of the legal POA document he/she holds. If it stipulates an amount, then that amount can be paid to him. And it matters little in what order he pays the bills of his principal, just so they ARE paid to the best of the assets held.
You have gone through getting POA removed from Nephew (who was POA according to your profile) and to become, yourself, the guardian. This means you do likely do have an attorney. I would ask these important legal questions of that attorney. Malfeasance by a POA, who has a legal fiduciary duty, in which he/she enriches self, may be prosecuted under the law, but as you will know a suit such as that, in which you function for your loved one as Guardian, is not without cost, and will have few repercussions other than a paying back of monies incorrectly collected; question being does Nephew HAVE money to pay back. So this really is a legal question in which the details matter.
FWIW a lot dependent on whether the nephew's actions are criminal or civil. Waaaay different legal on these.
Please pls pls realize that going down either choice in this path, will require some degree of actions by your mom. And will have atty and other legal costs that you as now her court appointed Guardian will need to pay to hire a law firm from her funds. If you do this, and that nephew wants to drag this out they can and that nephew’s atty can and will file to make your mom come in for a deposition. Not you but mom. She’s not dead, she can still be served. Depo’s can be brutal… the goal of the opposition atty is to make her look like a liar, an idiot, vindictive or some combo of these. Nephew will say that she allowed for & benefitted by whatever you are upset about that happened in the past and unless she can refute that and in detail, it goes nowhere.
So he resigned POA and court order for you was done, right? Not just he resigned PoA and you became new POA. This - POA to Guardianship- is pretty big leap, as FL has ward status assigned and plenary done with full court oversight required for the ward’s lifetime. I’m guessing APS involved? Usually if something egregious was found by APS, their report would have been required to be turned over to law enforcement; then law enforcement files charges which the DA determines if they will accept. If all this was done, and zero happened*, then someone in this system determined based on the situation there isn’t a solid case to support the charges. If this is what happened, nephews atty will bring this up. Not a good look for you.
* other than nephew resigned POA and you then became court ordered plenary (full) guardian.
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").
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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.
You have gone through getting POA removed from Nephew (who was POA according to your profile) and to become, yourself, the guardian.
This means you do likely do have an attorney.
I would ask these important legal questions of that attorney. Malfeasance by a POA, who has a legal fiduciary duty, in which he/she enriches self, may be prosecuted under the law, but as you will know a suit such as that, in which you function for your loved one as Guardian, is not without cost, and will have few repercussions other than a paying back of monies incorrectly collected; question being does Nephew HAVE money to pay back.
So this really is a legal question in which the details matter.
Best of luck.
FWIW a lot dependent on whether the nephew's actions are criminal or civil. Waaaay different legal on these.
Please pls pls realize that going down either choice in this path, will require some degree of actions by your mom. And will have atty and other legal costs that you as now her court appointed Guardian will need to pay to hire a law firm from her funds. If you do this, and that nephew wants to drag this out they can and that nephew’s atty can and will file to make your mom come in for a deposition. Not you but mom. She’s not dead, she can still be served. Depo’s can be brutal… the goal of the opposition atty is to make her look like a liar, an idiot, vindictive or some combo of these. Nephew will say that she allowed for & benefitted by whatever you are upset about that happened in the past and unless she can refute that and in detail, it goes nowhere.
So he resigned POA and court order for you was done, right?
Not just he resigned PoA and you became new POA.
This - POA to Guardianship- is pretty big leap, as FL has ward status assigned and plenary done with full court oversight required for the ward’s lifetime. I’m guessing APS involved? Usually if something egregious was found by APS, their report would have been required to be turned over to law enforcement; then law enforcement files charges which the DA determines if they will accept. If all this was done, and zero happened*, then someone in this system determined based on the situation there isn’t a solid case to support the charges. If this is what happened, nephews atty will bring this up. Not a good look for you.
* other than nephew resigned POA and you then became court ordered plenary (full) guardian.