QUESTION
Is it legal for my sister in law to close my mother in law’s checking account and sent her SS to her account?
Asked on Apr 09th, 2014 on Estate Planning - California
More details to this question:
My sister in law has the power of attorney of my mother in law (92 years old), whom my wife and I live and take care of for more than 11 years. My sister thought we were stealing from her social security money. She refuse to release money to mother or my wife even for her needs. My mother in law has physical problems like walking but she still has a clear head.
8 ANSWERS
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Suggest you obtain the services of an estate planning lawyer for mom to execute a new POA in your favor, revoke the sister in law POA. Contact SS with your new POA and request redirection of the funds to your mother in law, assuming she is still lucid.
Answered on Apr 10th, 2014 at 7:40 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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It may be legal. It is something that your mother-in-law could potentially stop. As long as she has capacity, she can revoke the POA form. Whether or not she "should" do so, depends on lots of different facts, which are not included in your summary. It sounds like the situation is really crying out for a family conference, where hopefully, cooler heads will prevail.
Answered on Apr 10th, 2014 at 7:39 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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Its ILLEGAL for your sister in law to do this over the express wishes of your mother unless your mother has been found incompetent and put under a guardianship..Take your mom to an attorney, have her draft another general durable power of attorney for you and REVOKE your sisters power of attorney. Then you can sue her for an accounting of all of your mothers funds and redirect her SS to her own account.
Answered on Apr 10th, 2014 at 12:33 PM
Commercial Attorney serving Chicago, IL
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Ashcraft & Ashcraft, Ltd.
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The individual with the POA acts as the agent of the principal. The principal can order the agent to act and can terminate the POA. If your mother has legal capacity the agent cannot deny the principal access to her funds.
Answered on Apr 10th, 2014 at 12:32 PM
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If she has a valid power of attorney for financial matters it is proper for her to be the signor on an account in your mother-in-law's name and social security number that receives her social security.
Answered on Apr 10th, 2014 at 12:32 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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It might be possible for your sister-in-law to do that under the authority of the power of the attorney depending on its language. On the other hand, it is still your mother in law's money and your sister-in-law, regardless of the power of attorney, has no right to take her property or withhold from her.
Answered on Apr 10th, 2014 at 12:32 PM
A power of attorney for financial matters does not give a person the right to comingle funds. You sister-in-law needs to to keep your mother-in-law's funds separate from her own, especially the social security funds. The money belongs to your mother-in-law and should be used to pay for her expenses, debts, etc. Whether or not that includes the care you provide will depend upon the specific facts.
Answered on Apr 10th, 2014 at 12:32 PM
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It is legal, but if mom still has capacity and doesn't like it, she can revoke the POA, open a new bank account, and have SS send the checks to the new account.
Answered on Apr 10th, 2014 at 11:53 AM