Legal Question in Wills and Trusts in Georgia
My sister is a POA for our Mom who is 94 but competent. By accident, Mom tripped over information on some of her money. What we ultimately found out is that my sister has been cashing in investments my Mom had without asking permission to do this (if she had asked she would have been told to leave it alone I'm sure. There have been multiple deposits (30-50,000), then it is taken out and Mom has no idea where her money is. My sister also tells Mom that she cannot have stamps to write to her friends because she does not have the money...and that she cannot have her personal care lady come an additional day a week (currently she comes 3 x wk, 4 hrs ea. day). At this moment Mom has >$30,000 in her ckg account! I've reminded my sister that as POA she is to do as Mom would do, and consult Mom if she wants to cchage something about her estate. She should not deny mother ANYTHING at age 94!! Recently Mom made me a POA, too, but my sister does not know yet.
2 Answers from Attorneys
You can't have two POAs at once, and since you don't understand that a POA generally gives your sister a blank check to do as SHE pleases, perhaps instead of winging it, you should see a lawyer and properly get hers revoked.
When you do legal things without lawyers, bad things happen.
How could your mother make you POA and your sister not know? That is not possible. Read the POA - it usually requires that notice be given by certified mail to the current agent. If the POA was filed in the court then the revocation needs filed too.
You have some big issues. First, Mom is 94. Are you entirely sure that mom is mentally competent? If she is, then she can revoke the POA. If not, then she cannot. Even is Mom is mentally competent, are you certain as to what has been going on? Have you talked to your sister? Maybe your sister is doing something funny with the money and maybe not.
If you really feel that your sister is taking advantage of your mother, then you need to immediately contact an elder law attorney and discuss whether the POA should be revoked or whether you need to seek out guardianship/conservatorship of your mother and her property. You also need to compel your sister to provide an accounting of what she has done with the money and how it has been expended. Again, read the POA and see what it says about this.
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