What is the name of your state (only U.S. law)? Missouri
My husband and I are at a loss as to what to do about the following situation:
His mother started living with us in May, 2006 after hospitalization for a pituatary tumor. It was apparent that at 88 should could no longer live by herself. She lived at our house for 30 months. We helped her save $18,000 during the 30 months she lived with us. My husband's brother and wife refused to allow us any breaks for vacation etc., would go 90 days at a time without even calling her, missed mother's day, Thanksgiving, Christmas, etc. She has a history of recurrent falls. The falls were getting worse. My husband and I both were working at full time jobs and caring for his mother. The last fall broke her collar bone and several ribs. We also live in a split foyer and were scared about the stairs. We felt the time had come for his mother to go to assisted living if she qualified or skilled nursing if necessary. She also has severe dementia. His brother and wife (wife does not and has not worked the entire time - but refused to help out) did not want her to go to a home because of the "cost". They took her to their home October 28, 2008. His mother had asked my husband to continue to take care of her finances as he had been doing but the sister-in-law would not hear of it and convinced the mother she wanted her check book back.
To make a long story short, when she went to live with my husband's brother and wife, she had $5350 in her checking account. She receives a little over $1070 from SS and about $600 to $800 in interest payments. After three months, she now has less than $3000 in her checking account. She is writing $100 checks almost every other day to the brother and his wife. (even though she pays $450 rent just as she paid us). Like I said, we helped her save $18,000 over thirty months. We feel they are cleaning out her checking account quickly.
What can or should we do? My husband has a durable power of attorney that she signed in December, 2006. But the brother and his wife have made statements that they need to be the durable power of attorney. We do not believe she is in any condition to sign a durable power of attorney at this stage. We see lots of red flags.
Thanks!
My husband and I are at a loss as to what to do about the following situation:
His mother started living with us in May, 2006 after hospitalization for a pituatary tumor. It was apparent that at 88 should could no longer live by herself. She lived at our house for 30 months. We helped her save $18,000 during the 30 months she lived with us. My husband's brother and wife refused to allow us any breaks for vacation etc., would go 90 days at a time without even calling her, missed mother's day, Thanksgiving, Christmas, etc. She has a history of recurrent falls. The falls were getting worse. My husband and I both were working at full time jobs and caring for his mother. The last fall broke her collar bone and several ribs. We also live in a split foyer and were scared about the stairs. We felt the time had come for his mother to go to assisted living if she qualified or skilled nursing if necessary. She also has severe dementia. His brother and wife (wife does not and has not worked the entire time - but refused to help out) did not want her to go to a home because of the "cost". They took her to their home October 28, 2008. His mother had asked my husband to continue to take care of her finances as he had been doing but the sister-in-law would not hear of it and convinced the mother she wanted her check book back.
To make a long story short, when she went to live with my husband's brother and wife, she had $5350 in her checking account. She receives a little over $1070 from SS and about $600 to $800 in interest payments. After three months, she now has less than $3000 in her checking account. She is writing $100 checks almost every other day to the brother and his wife. (even though she pays $450 rent just as she paid us). Like I said, we helped her save $18,000 over thirty months. We feel they are cleaning out her checking account quickly.
What can or should we do? My husband has a durable power of attorney that she signed in December, 2006. But the brother and his wife have made statements that they need to be the durable power of attorney. We do not believe she is in any condition to sign a durable power of attorney at this stage. We see lots of red flags.
Thanks!