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Is my sister a good poa?

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windybreeze

Junior Member
What is the name of your state? Wisconsin
Our mom was recently daignosed with demetia. My sister took it apon herself to become poa. My mom only recieves SSI checks, wich pays for the nursing home she is in. A small amount of monies goes into her personal account. Mom has a life insurance policy. My sister wants me to pay for moms life insurance. She also recieved a bill from the courts for her becoming the poa. She wants me to pay half of that. My mom owns a car and I sugested selling her car and putting it into moms personal account. My sister said no, that the car was hers to keep. She wont show or tell me what the life insurance is worth. I asked to see what mom's financial situation is. She wont show me that either. I need some advice. I'm not sure she is preforming the poa correctly.
 


BlondiePB

Senior Member
The first thing that needs to be clarified is your sister's legal(?) title. Is your sister your mother's guardian/conservator that has been appointed by a court?

Guardian/conservator is different than POA.
 

BlondiePB

Senior Member
My sister is gaurdian/conservator appointed by the court.
Thank you. Your sister clearly does not know what she is doing.
My mom only recieves SSI checks, wich pays for the nursing home she is in.
I'm going to assume that your mom is also on Medicaid because the amount of money from SSI monthly will not cover the monthly cost of a nursing home.
A small amount of monies goes into her personal account.
Mom's personal account at the nursing home or the guardian account?
Mom has a life insurance policy. My sister wants me to pay for moms life insurance.
It is the guardian's duty to pay this with your mother's money. Should there not be enough money to pay this, I would possibly agree to perhaps pay half of this only after obtaining a copy (certified copy is best) seeing that you are a beneficiary of the policy along with your sister.
She also recieved a bill from the courts for her becoming the poa. She wants me to pay half of that.
How much is this bill and what exactly is it for? I looked in WI guardian statutes and found just to petition for guardianship the petition costs $20.00 for an estate $10,000.00 and less. I do know there can be others costs such as fees for evaluations and for a court appointed attorney for your mother. If your mother's estate is insolvent, the guardian can petition to have these fees "waived". The judge will decide whether or not the fees are waived. If the fees are not waived, it is the guardian's duty to pay them from your mother's money. Not paying the fees can result in the guardian being removed.
My mom owns a car and I sugested selling her car and putting it into moms personal account. My sister said no, that the car was hers to keep.
You have more sense than your sister. The car does not belong to your sister, it belongs to your mother. The car is an assest that depreciates and courts do recommend that cars be sold when a ward can no longer drive it. The car, along with any other assest, cannot be sold without a court order granting the guardian permission to do so. It is a conflict of interest for a guardian to use a ward's property him/herself. Driving the car to get it appraised for the initial guardian inventory is appropriate.
She wont show or tell me what the life insurance is worth. I asked to see what mom's financial situation is. She wont show me that either. I need some advice. I'm not sure she is preforming the poa correctly.
Sister does not have to show you this stuff. Approximately 60 days after her appointment, she should have the initial guardian reports filed with the courts, including a complete inventory of mom's assests, including life ins. and car appraisal, etc. Go look at mom's file in the probate division of the courthouse. Should you find things not "in order", inquire about a Guardian Ad Litem (attorney) and report your sister.

You can read WI guardian statutes under Chapter 880 at the following link: http://www.legis.state.wi.us/rsb/stats.html

I did not like WI statutes website. Most states have similar laws. The FL website has a very nice feature "view entire chapter". FL guardian statutes are Chapter 744. Also, read Chapter 415 - Adult Protective Services. The link to these are at the following www.flsenate.gov/statutes

After reading the statutes, you'll be able to know exactly how well your sister is doing as your mother's guardian.
 

violas

Member
I am the POA of my mother who also has dementia. I show my brother everything because I have nothing to hide. I think your sister is ripping off Mom financially and that is why she refuses to show you any of the paperwork. Good luck :)
 

BlondiePB

Senior Member
violas said:
I am the POA of my mother who also has dementia. I show my brother everything because I have nothing to hide. I think your sister is ripping off Mom financially and that is why she refuses to show you any of the paperwork. Good luck :)
windybreeze's sister is a court appointed guardian that will have to report to the court all financial information of her mother, every penny of it. And, the court want their reports filed "on time". I do agree that when POAs do not disclose how they utilize the grantor's money to other immediate family relatives that that is/can be a sign of stealing the grantor's assests.
 

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