Advice Needed

[lmelville]

What is the name of your state (only U.S. law)? Pennsylvania

My mother-in-law has dementia and is unable to care for herself. My husband's one sister has lived with her for years and now takes care of her. Both my husband, this particular sister and another sibling have Power-of-Attorney.

Recently my MIL had pneumonia and a broken hip, she currently is in a rehab section of a nursing home where the intent is to bring her home when the doctor releases here.

We've just discovered that the sister that lives with her not only has herself in a huge amount of debt, but has also run up her mother's credit cards and has been helping herself to other assests (stocks, etc...).

The plan is, of course, to discuss this situation with the live-in sister, but we know it will cause a huge problem...but at the same time, my MIL long term care is at stake.

What can we do legally?

[seniorjudge]

My mother-in-law has dementia and is unable to care for herself. My husband's one sister has lived with her for years and now takes care of her. Both my husband, this particular sister and another sibling have Power-of-Attorney.

And when was the POA given by the old lady?

What can we do legally?

You can file a lawsuit to revoke bad girl's POA on grounds of elder abuse.

[lmelville]

Power of Attorney was given years ago when my MIL still was aware of what she was doing. Right now she is in a nursing home for rehab from hip surgery.

The live-in sibling has informed us that law states that she can have the house transferred over to her name since she has lived there caring for her mother for at least two years. Is this true?

She also is telling us she has signed up for State help that would pay her to stay at home with my MIL. I'm greatly hoping this program will do a thorough background and credit check. We've recently discovered that next to her using her mother's credit cards; she's has been dipping into the few stocks and bonds my MIL has as well.

[carol thompson]

Even though your mother in law is in a rehab center, if she is competent, she can revoke the power of attorney and should do that immediately (sign a revocation of power of attorney and send it to whomever the sistermay have been dealing with, e.g. the credit card companies). If sister has been signing mother in law's name on credit cards, sister could be potentially exposed to criminal charges if MIL wants to press them.

If mother in law is now incompetent, then you should go to an attorney and file a petition to become your mother in law's guardian (if she needs someone to make all decisions for her) or at least her conservator (one who would make all financial decisions for her). In most states, you will need a doctor's certificate saying that your mother in law is incompetent. In your complaint or petition to become conservator or guardian, you will need to inform the court of the power of attorney and give reasons why it should be nullified and get a court order to that effect as well. As guardian or conservator, you will be able to make decisions about MIL's assets (and they do not go to the sister just because she cared for her -- though be wary, she may have had MIL sign a deed over to her at some point in time- ask sister if MIL did this).

As conservator or guardian, you also take over MIL's credit cards and if you need to sue sister to get money back for her personal purchased, you will have the authority to do so.