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She got power attorney when my mom was in hospice and barely able to understands. She makes all decisions concerning my mom’s medical needs without consulting me and I am her caregiver. My sister lives in another state and only comes a week at a time every few months. My brother who lived with my mom just recently died and I take care of my mom at her house. My sister is beginning to sell things of my mothers. One example is my mom wants my 23 year old to have her car which comes in handy because my daughter is her most of the time to help. I don’t drive because of my vision. She says she is going to sell it for emergency money but I don’t know how she spends my mom s money day to day. I would like to share power of attorney. I am the one who is here when mom gets sick or in the hospital. I was also taking care of my brother who had cancer and just passed. When my brother passed I was trying to judge mom on how she would receive the news. I was afraid it would put her in a downward spiral for her health, but my sister used her power of attorney papers to and sent her children to take my mother fragile mother on a road trip. They stopped in a town half way and put me, my mom and daughter in a hotel. Pick us up the next morning to take us to the funeral. My mother had beeen told and she began a deep deep grief. After the funeral my sister took on another car ride for 3 hours and kept her for 3 days then brought her home that included a 7 hour car ride. Since being home my mom is now saying her mom and dad are alive as well as my Daddy. She has mention my bother’s death 3 times in five days. She does not remember the funeral and today in her mind my brother is still with us. I don’t want her to have to grieve over and over about my brother’s death. She is sending pillows to my mother with his pictures on it, she said she can hug them when she is thinking about him being gone. I have got to be able to help my mom. I don’t want her to grieve all over again and again. My brother would not want that either. I need to be able to get dual power of attorney. I don’t want to shut my sister out because she needs to have a part in her life. I am here with mom and she is controlling how much money is spent on groceries. Last week we got $50. She shuts me out even though she lives in anther state 6 to 7 hours away. I ask her to come for a week or two so I could go to my home for a little while. Instead she hires a woman who has set with my mother once or twice to stay with her 24/7. I told my sister I am not leaving my mother with non family right now, she is so fragile and her dementia has taken a down hill spiral. The last time this lady kept her she told her to go home she didn’t want her in her house. My sister didn’t check on how mom reacted to her and hired her with out talking to me. I have to try to get dual power of attorney for my Momma’s sake. Can anyone give me any advice.

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My advice would be to give your sister a 30-day notice to come take care of her mother who she is legally in charge of.

If you don't, absolutely nothing will change. Your sister has it pretty nice. She has no responsibility to take care of Mom and she has control of the pursestrings.

You will not get dual POA unless your sister willingly gives it to you. Your Mom has dementia and the POA currently in place is now solid.
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Geaton777 Apr 22, 2024
The sister cannot change the mother's PoA now that she has a diagnosis of dementia. Only the Mother could have changed it. Now it needs to go through the courts as guardianship.
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Sounds complicated. Your sister doesn’t have a clue what is going on with your life or your mom’s situation on a day to day basis.

Honestly, your sister seems to be taking advantage of your kindness. Sadly, some people see kindness as weakness.

I would tell your sister that you don’t appreciate her making decisions without knowing all of the facts. She isn’t being fair. You don’t have to tolerate her behavior.

Your sister is doing things exactly like she wants to. If she wanted what was best for your mom she would be considerate enough to discuss your mother’s situation with you.

How do you want to handle this situation? Do you want to continue being your mom’s primary caregiver? Have you thought about what your mom will need in the future?

Have you thought about placing your mom in a facility? You can advocate for your mom by overseeing her care. Please don’t view placement as abandoning her.

You could start to plan for your mom’s future care by calling Council on Aging in your area. They will assess her needs and can make recommendations for her.

I am so sorry that you are going through this difficult situation with your sister.

Wishing you peace as you continue on in your caregiving journey.
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Anxietynacy Apr 22, 2024
Needs she can't place her of the sister is POA, right?

Sence my circumstances is similar I'm curious, not now but the future.
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As long as you are providing the free in-home care, nothing is going to change. Your sister may not understand the Medicaid look-back and probably should be careful in selling and spending your Mom's money.

For the record, a PoA is under no obligation to include anyone else in the decision-making or sharing of information, even close family members. But if you suspect your sister is mismanaging your Mom's affairs, you may need to go to court for guardianship. This will expose what she's been doing and you will then be in control, if the judge awards it to you.

Since you are unwilling to leverage your Mom in this situation, and if you can't get your sister to sign a caregiving contract and pay you a fair amount (with your Mom's funds for her own care) then I don't think you have any options other than guardianship. Please read the many other posts on this forum by loving and well-meaning adult children who martyred themselves caring for their parent and woke up to realize it wrecked them socially, financially, medically and emotionally. It doesn't mean you don't love your Mom, but you won't be able to have it both ways. There's no perfect solution in your situation.
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Mom is going to grieve over and over anyway, no matter what you do. She has dementia and that's how it is.

I wouldn't be primary caregiver for anyone for whom I didn't have POA. Your sister has the power; she should now have full-time responsibility. Chances are she won't accept it because you're so willing to sacrifice your life. Also, there is nothing wrong with leaving mom with non-family as long as they are qualified. What mom says comes from a broken brain. She may want only family, but that's unfair to you. You need a break, so take it. What mom really needs is full-time professional care in a facility now, so please consider that.

Best of luck with a very difficult situation!
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You need to see an attorney. Elder Law.
There is too much here you don't understand, and you need expert help.

First of all, no one "gets" POA. That is GIVEN or conferred upon a person. That is to say someone asks another person to be their POA, and they must be competent to do so. So it is too late for POA. Your Sis somehow got your mother duped into signing something and she's not going to share that with you.

It is NOT too late, however, for guardianship assuming you are able to do that difficult task.
To be guardian you would have to be SS representative payee. That wouldn't be difficult to get but you would need a letter from your mother's MD about her incompetency to manage her own finances and SS, saying she is now living with you.
The guardianship or conservatorship the court would confer upon you would "wipe out" and remove the POA your sister holds, as guardianship is a higher level.
Sister would be out of the equation.

To be guardian you would manage all of your mother's finances and need to keep meticulous records of every penny in and out of her accounts; you would get a care contract for shared living expenses and etc. The attorney would help you set it up and your mother's funds would pay for it.

Now if you feel not competent to take that on it is time to call APS (Adult Protective) and inform them of how and when your sister got POA, and tell her that your mother is in YOUR care and you have NO FUNDS to do this care and that you do not know WHAT your sister is doing with the funds and that you need a CARE CONTRACT to continue or sister must take over placement and care of your mother. If your sister goes to court to demand SHE get guardianship, then you need to stop doing care for your mother. The care and placement is then in her hands.

I don't see other options. I hope some here will have some for you, but I can't see them. You are otherwise an unpaid slave with no say in anything at all. An attorney will let you know all of your options. APS can let you know as well. And there is also the option of asking the state to take guardianship but accusing sister of misappropriating mom's funds.

You need to do this NOW, and not give up keys to the car. That is just one more loss of mom's assets. Currently sis can DO that with her POA.

Good luck to you and I hope you'll update us.
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I found it almost unendurable to care for my mother with absolutely no help from my brother. The only thing that made it doable was that I had POA and no one could make any decisions financial or otherwise without my approval. I hired aids to care for mom when she needed someone 24/7. I would absolutely not provide care with someone else making financial decisions and not compensating you fairly. For reference, I paid mom's aids $21/hour.

As others have said it is too late for dual POA. Even if it weren't you wouldn't want it because your sister is going to be in legal trouble if your Mom is ever subject to the 5 year look back for Medicaid.

You can go to court and fight for guardianship (or conservatorship depending on state law). But make sure your really want that. When we did it for my grandmother over 20 years ago my mother mother was "conservator of person" (grandma was in a NH at this point), and I was "conservator of estate", paying all the bills, caring for her house, etc. It's a LOT of work.
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Your Mom had to have assigned Sister POA? How was that done if she was on Hospice? Did she have Dementia then? If so, Sis could not get POA. You cannot get "dual" you and sister would be fighting. Hers, if legal, needs to be revoked but with Dementia Mom is not going to be able to assign anyone. Guardianship would be your only option and thats expensive.
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Hi, it’s so sad what’s going on, I’m in the same boat. My brother & his wife looked after mum for like 8 years in mums house. I had put safe guarding against my brother when I found out how he had been treating mum physically & mentally . He cashed mum pension in that dad left her. & lot more . My dad left a property back home to him my sister my mum & me . About eight years ago he got as to sign papers telling us its to correct a miss spelling of a name & to notify that dad had passed away . The papers we signed were not in English. We found out dad’s house been sold back home & could not understand how. Then we realised the papers we signed weren’t for what he told us . We trusted our brother , never thought he do something like this. Last year we found out he got lasting power of attorney & none of the siblings were told. Mum has had dementia (short loss memory )for many years. I now been looking after mum since she came out of hospital last summers . I could not get mum back in her house because he was living there & wouldn’t move out . He wanted to put mum into a care home . None of siblings wanted mum to go into a care home. Mum only got to return to her house when he was told, he have to top up the cost of the care home . Mum ended up spending an extra month in hospital because he would not leave her home. He has his own property. He had also two tenants living in mums house & use her home to run their business from as well. Then I found out he also had a member of his family living there who should not be living their due to their behaviour . Mum is in her eighties . When I started looking after mum with 2 of my siblings helping . One did 2 days a week the other one did 2 days & 2 nights . Now one of the siblings has completely stopped looking after mum months ago & the other sibling does eleven & half hours twice a week but not always does their 2 days aweek. Sibling will not look after mum Xmas week , New years week, Easter week etc. We have taken the case to court. Mum has been through so much & has ended up in hospital. There’s things that happened to mum that should never had to anyone. It’s the only way it going get sorted & it’s right thing to do for mum. Mum has taken care of us all & we should do the same . You have one mum & one dad in our lifetime.
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I wish I did know how to fix this kind of triangle dynamic. It seems to pop up a lot.

An elder that needs care.
A caregiver.
A nominated POA.

The care plan works best when the providers (the hands-on caregiver & the POA) are on the same page, with the elder's needs in the centre.

Thing is, different siblings, different viewpoints, different skillsets.

The one willing to count out pills, put on compression stockings, help bathing has the attributes or apptitude of a nurse.

The one arranging the finances, managing care services leans towards management or accountancy skills.

It's like trying to drive a car but someone else is in charge of buying the fuel.
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You can not "share" POA because your mother can not sign documents that would make both of you POA.
Are you being paid as a caregiver?
If not you should be.
Are you contributing anything to the bills? If not you should be.
If there are 2 people living in the house then the bills should be divided in half.
If you are "rent free" in mom's house that should change. And if you can not afford to pay half of all bills you need to get a job. The POA can pay for caregivers. If one of those caregivers is you that will provide you with some income.
Your sister arranges someone to come in and care for m om while you go "home" and you chose not to...that is your choice and I think a rather narrow minded one at that. At some point "non family" caregivers are going to be needed
Your mother can not give or sell her car to your daughter as she no longer has legal capacity to make decisions like that.
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