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Having signature authority on a bank account is very common. If that authority is established at the bank in the early stages of the dementia, it shouldn't be an issue that the person has dementia. Handwriting eventually becomes a very real problem. So having someone keep the checkbook is a blessing.
If bank signature authority is established in the late stages of dementia then they could be open to unfounded allegations.
One way to deal with this is to have a third party balance/resolve the register and statements quarterly by someone that would be willing to ask questions about improprieties.
Ensure Social Security and benefit sources get notified of the death in a timely manner.
Outstanding bills/debts at the time of death should still be able to be paid out of the account. After that, the remainder in the account would be part of the estate.
If your situation doesn't feel right, then you should see an attorney.
Your Sister was POA. Your mother had appoointed her to that position and is now deceased. It is late for you to be questioning the way the sister conducted POA duties for the mother. The sister now is apparently ALSO the executrix of any will?
Did mother live with this sister? If so the sister would have been caring for her, which would have entailed a whole lot of expense. The sister would have, while serving as POA, kept records of her expenditures, and of assets into and out of your mother's accounts. She would not be able to share your mom's private information with others. If, at that time, you felt there was financial abuse occuring you could have/should have requested of an attorney that a judge examine these records, or could have/should have called APS to report your proof of financial abuse. It is now too late for that.
As to any will or funds now remaining? The sister's POA ended with the death of your mom. Now it is the executor named in the will who takes over any remaining estate. If that is sister she is responsible for gathering the estate, paying any remaining bills, and distributing the funds left as the will dictates. This may easily take about one year.
If you feel that you are an inheritor in this estate and that you are not being informed in a legal timely manner, then do know that a will is a public document filed in probate. You can go to your country records. If there's a substantial estate involved you may wish to hire a Trust and Estate attorney to represent your interests. He/she will be able to check on how any remaining estate is being administrated/distributed. This may have some costs to you, of course.
If there is no substantial estate here I believe that I would move on with my life now. I do give you my condolences on your loss and I am sorry that you and your sister do not have one another's loving support in your time of grief.
Katwolf79, welcome to the forum. Since your sister was medical Power of Attorney, chances are your Mom had someone who was financial Power of Attorney. Do you know who that person is? Was that person not doing his/her job as financial POA?
Someone needed to be available to pay your Mom's bills, since your Mom could no longer do it. Could be your sister had to make a quick decision as no one came forward to help her. If your sister was a "signer" that means she was paying Mom's bills out of Mom's account which the Bank had set up for her signature. Had your Mom passed? If yes, than that account becomes closed and a new account is made for the "Estate of_______" again to pay whatever bills were left over. Aging is very expensive.
Depends on how the acct is worried. If she is coowner not much u can do I think. My cousin was able to go to his Dads acct becacause he was on the acct and draw out $800 the was in it right after he died. Since cousin was an only child, jo one contested. The woman he lived with said some of her money was in that acct. I never really believed that. Why would you put money into an acct that your name was not on.
Not sure what you can do before death. But after, that money was Moms estate. If she has a Will then the Executor takes over. If not then someone becomes Administrator and the State determines who gets the estate. Consult with a lawyer. Medical POA does not give her financial responsibilities. You may be able to ask for the accting of money she spent on her and Mom.
A medical POA is only for making medical decisions for the person you are POA for. To make any financial decisions one would need to have a DPOA, so if sister wasn't moms DPOA, then that may have to be a question for a lawyer.
By proceeding, I agree that I understand the following disclosures:
I. How We Work in Washington.
Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services.
APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
II. How We Are Paid.
We do not charge you any fee – we are paid by the Participating Communities. Some Participating Communities pay us a percentage of the first month's standard rate for the rent and care services you select. We invoice these fees after the senior moves in.
III. When We Tour.
APFM tours certain Participating Communities in Washington (typically more in metropolitan areas than in rural areas.) During the 12 month period prior to December 31, 2017, we toured 86.2% of Participating Communities with capacity for 20 or more residents.
IV. No Obligation or Commitment.
You have no obligation to use or to continue to use our services. Because you pay no fee to us, you will never need to ask for a refund.
V. Complaints.
Please contact our Family Feedback Line at (866) 584-7340 or ConsumerFeedback@aplaceformom.com to report any complaint. Consumers have many avenues to address a dispute with any referral service company, including the right to file a complaint with the Attorney General's office at: Consumer Protection Division, 800 5th Avenue, Ste. 2000, Seattle, 98104 or 800-551-4636.
VI. No Waiver of Your Rights.
APFM does not (and may not) require or even ask consumers seeking senior housing or care services in Washington State to sign waivers of liability for losses of personal property or injury or to sign waivers of any rights established under law.
I agree that:
A.
I authorize A Place For Mom ("APFM") to collect certain personal and contact detail information, as well as relevant health care information about me or from me about the senior family member or relative I am assisting ("Senior Living Care Information").
B.
APFM may provide information to me electronically. My electronic signature on agreements and documents has the same effect as if I signed them in ink.
C.
APFM may send all communications to me electronically via e-mail or by access to an APFM web site.
D.
If I want a paper copy, I can print a copy of the Disclosures or download the Disclosures for my records.
E.
This E-Sign Acknowledgement and Authorization applies to these Disclosures and all future Disclosures related to APFM's services, unless I revoke my authorization. You may revoke this authorization in writing at any time (except where we have already disclosed information before receiving your revocation.) This authorization will expire after one year.
F.
You consent to APFM's reaching out to you using a phone system than can auto-dial numbers (we miss rotary phones, too!), but this consent is not required to use our service.
If bank signature authority is established in the late stages of dementia then they could be open to unfounded allegations.
One way to deal with this is to have a third party balance/resolve the register and statements quarterly by someone that would be willing to ask questions about improprieties.
Ensure Social Security and benefit sources get notified of the death in a timely manner.
Outstanding bills/debts at the time of death should still be able to be paid out of the account. After that, the remainder in the account would be part of the estate.
If your situation doesn't feel right, then you should see an attorney.
The sister now is apparently ALSO the executrix of any will?
Did mother live with this sister? If so the sister would have been caring for her, which would have entailed a whole lot of expense. The sister would have, while serving as POA, kept records of her expenditures, and of assets into and out of your mother's accounts. She would not be able to share your mom's private information with others. If, at that time, you felt there was financial abuse occuring you could have/should have requested of an attorney that a judge examine these records, or could have/should have called APS to report your proof of financial abuse.
It is now too late for that.
As to any will or funds now remaining? The sister's POA ended with the death of your mom. Now it is the executor named in the will who takes over any remaining estate. If that is sister she is responsible for gathering the estate, paying any remaining bills, and distributing the funds left as the will dictates. This may easily take about one year.
If you feel that you are an inheritor in this estate and that you are not being informed in a legal timely manner, then do know that a will is a public document filed in probate. You can go to your country records.
If there's a substantial estate involved you may wish to hire a Trust and Estate attorney to represent your interests. He/she will be able to check on how any remaining estate is being administrated/distributed. This may have some costs to you, of course.
If there is no substantial estate here I believe that I would move on with my life now. I do give you my condolences on your loss and I am sorry that you and your sister do not have one another's loving support in your time of grief.
Someone needed to be available to pay your Mom's bills, since your Mom could no longer do it. Could be your sister had to make a quick decision as no one came forward to help her. If your sister was a "signer" that means she was paying Mom's bills out of Mom's account which the Bank had set up for her signature. Had your Mom passed? If yes, than that account becomes closed and a new account is made for the "Estate of_______" again to pay whatever bills were left over. Aging is very expensive.
Not sure what you can do before death. But after, that money was Moms estate. If she has a Will then the Executor takes over. If not then someone becomes Administrator and the State determines who gets the estate. Consult with a lawyer. Medical POA does not give her financial responsibilities. You may be able to ask for the accting of money she spent on her and Mom.
To make any financial decisions one would need to have a DPOA, so if sister wasn't moms DPOA, then that may have to be a question for a lawyer.