QUESTION

What can I do if I fear that my sister, who has power of attorney over Mom affairs, isn't putting the money I send in Mom's bank account?

Asked on Nov 28th, 2012 on Estate Planning - California
More details to this question:
This sister (sister A) and I are estranged, so we communicate thru our other sister (sister B). I send my Mom a $40 check every month and because of our mutual distrust, I have to send these checks to sister B. Sister B has returned my checks that I send in with my Mom's name on them, saying that sister A can't cash them unless sister A's name is on the check. I was under the impression that the person with the power of attorney can deposit the checks that I send into my mother's account. I've deposited money into my mother's account when my Dad was alive, so why can't sister A deposit the checks I send now. I've told Sister B to inform sister A that I won't send anymore checks until I get proof of where the money I send to my mother, goes. Now, both sisters A and B have stopped speaking to me and neither return my calls.
Report Abuse

12 ANSWERS

You're right, a person with power of attorney should be able to deposit checks made out to the principal. That said, I would note that banks are awfully funny about POA, sometimes don't honor them. On the one hand, if I were you, I would be suspicious about what's going on with Mom's finances; on the other hand, what's worth more to you, your relationship with your family, or what you may inherit? If you're sending Mom money, I'm guessing the estate doesn't mean much to you. If I'm right, forget the financial stuff and try to reconnect with your sisters on a personal level.
Answered on Nov 30th, 2012 at 2:00 PM

Report Abuse
Since they won't speak to you, you should look into filing an elder abuse complaint for financial misdealings.
Answered on Nov 29th, 2012 at 3:32 PM

Report Abuse
Business Planning Attorney serving Livonia, MI at Frederick & Frederick Attorneys at Law
Update Your Profile
This strikes me as a family problem and not a legal problem. I am not sure why the estrangement issues have taken place, but it is clearly not helping you nor your mother. When you send the checks, there is no way to prove how the money is being used. Yes, acting under a POA, your sister would have the right to deposit the checks. But if she is the one paying your mom's bills and helping her out, what is the problem with making the checks out to your sister? We are not talking about thousands of dollars, here. I am not sure what your intent is, in terms of what the money is supposed to be used for. But it sounds like this is all much harder than it needs to be, on both sides, because you all cannot simply agree to get along. You have a common interest, here, in making sure that your mom is taken care of. If your mother has capacity at all, it has got to be upsetting to her that her daughters are not getting along. Sometimes, it is less important to be right, and more important to be happy. If you can make all the ugliness go away by humbling yourself, then it is a price that is worth paying, in my opinion. Legally, your sister is not required to process the checks. I hope that you all find a way to put aside whatever has happened in the past and can agree to work together for your mother's sake, and for yours. You only get one family you are born into.
Answered on Nov 29th, 2012 at 12:09 PM

Report Abuse
Probate Litigation Attorney serving Garden City, NY at Berkman, Henoch, Peterson & Peddy, P.C.
Update Your Profile
You are correct. Your sister with the power-of-attorney should be able to deposit the checks in your mother's bank account. However, she will not be able to cash them if the check is made out to your mother.
Answered on Nov 29th, 2012 at 12:08 PM

Report Abuse
Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
Update Your Profile
Generally a bank will allow anyone, especially with a power of attorney to deposit into an account. The restrictions are in getting the money out of the account. Sounds a bit odd to me.
Answered on Nov 29th, 2012 at 12:07 PM

Report Abuse
Business Law Attorney serving Portland, OR
2 Awards
You are correct. Your sister with the POA should be able to deposit a check made payable to your mother directly into your mother's account. Many banks will deposit this check without an endorsement. Some require an endorsement. For these your sister's POA should be adequate. There are always some banks and some branches of many banks who get their own ideas about their internal practices. It is possible that your sister has a difficult bank. She can give you the name of the bank and the branch she uses. You can contact them and find out directly the bank's policies. I doubt this will solve your problem. The main problems is your relationship with your sister. I suggest you contact a counselor and work on that relationship. Success there will probably please your mother and other family members much more than your monthly support.
Answered on Nov 29th, 2012 at 12:07 PM

Report Abuse
Thomas Edward Gates
You are correct that the money can be deposited into your mother's account without your sister's name on the check. You can also send the check directly to the bank for deposit.
Answered on Nov 29th, 2012 at 12:07 PM

Report Abuse
Arts Attorney serving Berkley, MI at Neil J. Lehto
Update Your Profile
Request a copy of the power of attorney. Of course, she could deposit check made payable to your mother. If you are sending checks that your sister either isn't depositing or taking for herself, your mother should cancel the power of attorney. Your sister would be personally liable for any funds she neglected or misused in an action by your mother against her. If your mother is incapable of taking action herself, then you might find it necessary to petition the probate court to have a guardian appointed for her.
Answered on Nov 29th, 2012 at 12:06 PM

Report Abuse
Alternative Dispute Resolution Attorney serving Baltimore, MD at Whiteford, Taylor & Preston L.L.P.
Update Your Profile
The power of attorney should allow your sister to deposit the checks into your mother's account. Perhaps you could wire the money directly from your bank to your mother's bank. You also could ask your sisters for copies of your mother's bank statements so that you may verify the deposits and withdrawals from the account.
Answered on Nov 29th, 2012 at 12:06 PM

Report Abuse
Taxation Law Attorney serving Glendale, CA at Irsfeld, Irsfeld & Younger LLP
Update Your Profile
You are correct that A can cash or deposit checks made payable to your mother. That said, is A wants to steal from your mother, or from you, $40 per month is hardly likely to be what she takes. While that may well be a generous amount for you to be contributing toward your mother's support, it certainly is not a major part of her support. In the long run, accusing A of stealing is more likely to hurt you and/or your mother than it is of stopping any wrongdoing. Is your mother living in a reasonably decent place, eating regularly? If so, send A a check for $40 and a note thanking her for making sure that your mother's needs are being met.
Answered on Nov 29th, 2012 at 12:06 PM

Report Abuse
Real Estate Attorney serving Battle Creek, MI
1 Award
This shouldn't be a problem. Sister A can deposit any check payable to Mom in Mom's bank account without any endorsement whatsoever.
Answered on Nov 29th, 2012 at 12:05 PM

Report Abuse
Trusts Attorney serving Sacramento, CA at Law Office of Victor Waid
Update Your Profile
The classic standoff, two against one or sisters against brother. Send the money directly to your mom with her name on the check to the address of your mom. If your sister has the power of attorney and is utilizing same, she has a duty to deposit check in the account designated for her. If the above is not satisfactory to you, then file a petition into probate court to have the power of attorney revoked and someone else appointed to act on your mother's behalf, assuming your mom is incapable of handling her own affairs.
Answered on Nov 29th, 2012 at 12:03 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters