We need to stop a sibling from borrowing money from “the bank of mom” when it often does not get paid back. He’s nearly 60 years old and still uses her checking account and doesn’t have one if his own. It’s constant and she has recently put one of his bills on a credit card she herself could not have paid and asked us other children to pay the bill. Essentially asking us to pay his bill. How do we stop this permanently?
IF she does not have dementia, there probably is not a lot you can do. APS could be tried, but based on comments read on various threads here at AgingCare.com, they may not do anything or much.
You could try, as others suggested, having a very detailed discussion with her about potential needs in the future. Details need to include potential rehab, AL, MC, NH - costs vary from one region to another and from one facility to another, so document by getting prices for these various facilities in your area. One quick search yielded this: "The cost of Assisted Living Facilities nationwide can vary from $2,000 - $5,000 per month. Sometimes people have a false sense of security about what their insurance will pay. It’s important to know right up front that Medicare will not pay for assisted living." THAT is just plain old assisted living. Getting into Memory Care (MC) or Nursing Homes (NH), those costs will be higher. Here in the NE, mom's MC has gone up (we're now in year three) to about 7915/mo (self-pay non-profit.) NO SS payment is that high!
She needs to understand these potential costs and the fact that not all children can afford to take in a parent - could be any combination of space, funds, and/or emotional/physical toll. She also MUST understand what others have said about Medicaid - she won't qualify if she keeps giving him money and won't have money to get care for herself. Not only that, choices for places to live based on Medicaid (if/when she qualifies) will be limited. If self-paying, you might have better choices, but if you insist on giving money to this brother, you will NOT have sufficient funds to provide care for yourself in the future!
Under NO circumstances should any of you agree to pay for that mom credit card bill that paid your brother's bill!!! Sorry mom, it is HIS responsibility to pay it or pay it back. Not my debt, should not have been yours either!
IF she does have dementia, then you can take steps, but they will depend on what stage of dementia she is at. IF it is early enough and IF mom is agreeable, you could get DPOA set up and hopefully either have mom agree to allow you to take over finances and/or ensure it has appropriate wording that determines when you can take over (if not immediately). If so, immediately work with the bank(s) to close that account and have new cards issued (or better yet, close the cards down!) IF she is NOT agreeable, then you are back to square one.
If she has dementia and the attorney cannot get her to understand/agree, then DPOA will not be an option. Guardianship/stewardship/conservatorship are good options, but are not cheap, take time, require keeping good records and reporting back as the court requires, BUT is not guaranteed. IF she is deemed competent, no go. IF she decides to fight it, the court will order an attorney for HER, but her assets will have to cover all the costs. Unless you are certain you can win, this might not be the right time to fight this. If you do believe she is far enough down the dementia path, this might be the best option, just in brother has set up any kind of POA or similar process to "control" mom and/or her assets - Court approved guardianship will override any POA.
Another option is to apply to be representative payee for SS. Again, she will get notice of this and can refuse (they may require some intervention to determine her capacity, but I don't really know - I was able to get this for mom without issue or cost other than my time and gas.) IF it is approved, only the applicant (you) can access the special account set up for it. That would prevent him getting access to her SS money/account, but if she has many other assets, those are still loose hanging apples.
Everything hinges on if mom is deemed competent.
Unfortunately just her giving money to your brother is not sufficient, legally, for you to step in and take over. That would make her silly and gullible, not necessarily incompetent.
Also, if y'all are in TX, you posted a comment elsewhere and seemed to know some of the ropes needed in a similar situation - why not take the steps you suggested there?
I just pray mom is ok
I would leave the original account open with funds for several months. This will give your brother time to figure a new plan. He probably has a sense of entitlement and will be manipulative, but stand your ground. Your mother’s financial future is at risk. Good luck. I hope things work out well for you.
There are a lot of levels to dementia. If she still understands money, where it comes from, and what it is used for, she can make a decision on what is appropriate in her son's case. If she doesn't, why does she still have a credit card? Could it be that this is not a concern for her finances but resentment that the brother is getting something that YOU are not?