My sister-in-law lived 5 minutes away from my mother-in-law. She said she no longer wanted to take care of her and insisted we take her into our home 7 hours away. My sister-in-law hasn’t given us any money for her care. We have no idea where the social security money is going, but it's not to us or mother-in-law. My husband has to have major surgery soon and I can’t take care of both of them. I have a disability which makes it even harder. We want my sister-in-law to take over the care or at least use the money to get her into a facility. Nobody has POA for medical issues. Who is legally responsible for her care?
The SIL has POA and was responsible. But by taking MIL into your home you have now made this your own problem, but a problem that you have no power to fix.
I would call APS at this point.
SIL may never have inacted her POA. She simply ignored the problem and you picked it up. So at this point there is no one responsible for the problem.
You cannot make your SIL do anything, especially since you took MIL into your home.
I think you cannot know at this point what SIL is doing with MIL's money, but it sure is time to find out.
If APS refuses to discuss this after you tell them what you just told us, then you and hubby will have to see an elder law attorney for options.
I surely do wish you good luck.
"There are specific laws about the unlawful claiming of social security that are punishable by up to 5 years in prison and a fine. Another even more serious charge associated with social security fraud is “theft of public funds.” Theft of public funds is a felony when the amount stolen is over $1000."
If you don't make any headway with SIL tell her your next call is to the SSA. Ask what they suggest doing. Maybe they can confirm where the money was being mailed (and maybe returned, not deposited or cashed) or, direct deposited. It won't give you access but it might start answering some questions. I find it hard to believe that SIL won't know where this money is.
Time to tell SIL you can no longer care for her and as POA, she needs to place MIL. Either in an AL paying privately or on LTC with Medicaid paying. And its up to SIL to handle that.
Hindsight is 20/20. But just in case someone else is on the verge to care for a LO in your home, do not do it without have both Financial and Medical POAs. Do not allow another person to hold the purse strings and u do the care. Have a contract if for some reason you can't obtain POAs saying that the POA will cover all the expenses of the LO you are caring for. And if needed, helping with household expenses. Make sure its witnessed and notarized. Better thatva lawyer draws it up.
You have no responsibility to care for your MIL.
Time to stop the gravy train your SIL is enjoying, most likely using MIL's funds for her own use.
You cannot place Mom without Financial POA. If MIL is competent, she can revoke Sisters POA and assign ur husband. If not, its Sis.
I wonder why Medical was not gotten at the time Financial POA was? They go hand in hand. You have no one who can carry out Moms wishes or make Medical decisions.
Geaton, placing someone is the FPOAs responsiblity because they handle the money. In this case, I have no idea who will be able to deal with Drs and medical staff.
Another option is the ER dump. The social workers will work with getting Medicaid but thins will point to the sister.
Stealing an elderly parent's income and leaving them with nothing is pure evil.