Follow
Share
My mom lives with her and now she taking full advantage of everything I keep quiet because I don't want to upset anyone. She has full control of my mom's finances as long she alive but they're taking full advantage of the situation I don't say anything cause my mom lives with her and now my mom is under hospice care I want to get power of attorney but my mom isn't of sound mind so what can I do? To get poa I am her eldest son.my last name is my mom's last name how can I get poa? Without my mother's consent cause she not of sound mind. They're acting like vultures all around my mother. My mom had her funeral set up along time ago now there doing it all over again (financially)I can't trust my cousin and her family! I saw it was written down 7000.00 just got cremation. 3000.00 for caterers and ECT. This was written down with my cousin handwriting then I saw the actual estimates nothing incomparison. I was upset then her boy friend told me I had my chance, I told myself to let it go but I want to break up there little party and get this power of attorney! Can anyone help me with this situation!
Find Care & Housing
No, you can't get POA if Mom can't assign you. Guardianship is costly and at this point, is it worth the trouble just to have her pass. Both stop at death. Does she have a Will? If so, who is executor? Hopefully its you. If so, you can request that POA hand over any records they have kept concerning Moms finances. POA cannot enrich themselves or others using Moms money unless written in the POA. Consult with a lawyer.
Helpful Answer (2)
Reply to JoAnn29
Report

So your mom while in her right mind asked that you never be permitted to see her again? If so I would drop trying to get guardianship or POA.
Helpful Answer (2)
Reply to JustAnon
Report

No one on this forum can or should help you directly but we can offer advice.

You will need to see an elder care attorney and discuss guardianship through the courts.
Helpful Answer (1)
Reply to AMZebbC
Report

Your mother can't give her POA to anyone if she's not of sound mind, so it's too late for that.

Under your mother's POA, your cousin is required to handle your mother's finances to benefit your mother, not herself. If you think she is engaged in financial abuse of your mother, you can go to Adult Protective Services in the city or county where your mother lives and ask for an investigation.

You would need to do this now because the role of APS is to protect your mother while she's alive and if you wait until after she passes away, they will have no jurisdiction. They aren't there for you to complain that the money is gone and not there for you to inherit. They are there to ensure that your mother's money is being used for her benefit. So if you feel your mother needs protection, contact APS now.

You could go to court and file to get guardianship of your mother. This would be expensive and you would need to provide evidence that your cousin is abusing and/or neglecting your mother, not just doing things differently from how you would. You would then have full responsibility for your mother's care, not just her money. Is there someplace you would move her to, out of your cousin's house?

The POA ends with your mother's death, and her will takes over, to be handled by whoever she named as executor. That is the person who will be responsible for her funeral and final expenses. If she prepaid for them, then the executor carries through with her plans. Do you know if she has a will, and who the executor is?

If she doesn't have a will, then the court will have a system set up for who gets priority. Her children will have priority over her nieces and nephews. So you and your siblings will inherit, not your cousin(s).
Helpful Answer (0)
Reply to MG8522
Report

Now that your mom is dying all of a sudden you want to be the boss. You didn't want responsibility for mom but you want control over the money. Cousin's boyfriend is correct, you had your chance to be involved and that chance has passed. When your mother has passed POA ends and the already appointed executor follows whatever is in the will, or if there's no will follows whatever your state's rules are about inheritance.
Helpful Answer (0)
Reply to Slartibartfast
Report

Ask a Question
Subscribe to
Our Newsletter