Poa

What is the name of your state (only U.S. law)?
Massachusetts
Elderly mother has dementia and needs to be cared for in a nursing home. Brother is POA. His name is not on checking or banking account. Mother gifted him $9,000 in 2007. Since Sept 2008, when her mind started to deplete, he took over paying bills. Bills have been paid, but also ATM withdrawals totally $4500.
All sisters are in agreement that she needs to be in a nursing home, and he disagrees. I feel that it is due to the look back period and he has no money and has no way of repaying it. Can you please advise of my legal recourse?

new information

I just found out that there is no legal record in the city of my brother being POA.

He has been transferring money in my mom's accounts, that his name is not on. He is doing this via the internet.
He is also taking many withdrawals using an ATM card.

My main concern is getting my mom into a nursing home ASAP. We wanted her to stay home as long as possible but it is time.

Please advise as what I should do ?
What happens to all the money he has withdrawn ?

Thank you very much !

I just found out that there is no legal record in the city of my brother being POA.

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I don't know the law in MA, but, in most states, there is no requirement that a POA be filed with the courts. (Although, for some real property transactions, there may be a filing requirement.)

He has been transferring money in my mom's accounts, that his name is not on. He is doing this via the internet.
He is also taking many withdrawals using an ATM card.

Click to expand...

If he has a power of attorney, his name does not have to be on the accounts.

Short run, contact the Protective Services agency in your area. There is also an Elder Abuse Hotline: 800-922-2275. You might also try the police or district attorney office for advice.

For the long run, you should contact an attorney with elder law experience to begin the process of obtaining conservatorship/guardianship for your mother.