QUESTION

What should I do or is there anything I can do after my sister spent my mom’s SSI benefits?

Asked on Nov 09th, 2013 on Estate Planning - North Carolina
More details to this question:
My mom has been in the hospital for 6 months and now is in a nursing home. When she first gotten sick we really didn't think she would make it, well she has. The problem is my sister went into my mom’s house and had taken her wallet and ID. Now I have copies of my mom’s bank statements she has spent all her SSI benefits every month not paying any of my mom’s bills nor for anything for my mom. I have to add that no one has POA.
Report Abuse

1 ANSWER

How is it possible for your sister to spend benefits? Did your mother have a debit card? Did your sister know the PIN number and use it? Or did your sister write checks and sign your mother's name? Your sister has engaged in criminal conduct. Since nobody has a POA, if your mother is not mentally competent someone has to start guardianship proceedings immediately. Someone should notify the bank to see if they will freeze your mother's account or prevent your sister from accessing it. If necessary get the debit card shut down and/or get things moved to a new checking account. If a new account is established, SS will have to be notified to change the routing number. The problem is that if your mother is not mentally competent then the bank may not be willing to act on your say so alone. In that case you may have to get a temporary emergency guardianship order from the court. Your mother or her guardian will then have to contact the district attorney and have your sister prosecuted unless the funds are restored ASAP. Once criminal charges are initiated, your sister can only pay back the money as part of criminal restitution or some kind of plea deal. So she either does it now voluntarily or she has to deal with the criminal justice system and a conviction.
Answered on Nov 13th, 2013 at 1:19 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