While my mom and I were having dinner on Saturday night I brought up doing a durable Power of Attorney for her medical decisions. She thought that was a very good idea. Then just to make sure, I said "unless you would want someone like stepbrother to make those decisions". She said "oh, I don't think I'd want him making my medical decisions. I said ok, I will get to work on that.
That evening, before bed (she was at BF apt.) I went through her papers some more. Wanted to find her will, because I think it got updated from the copy she gave me several years ago. Found a folder in her file cabinet that had 2 copies in it, one with my name on it and one with my uncles. She never/forgot to give to us. Then I found her original will copy in her little safe box. She updated it Feb 2018, so almost 2 years ago. She changed the executor to step bro. Then if he couldn't/wouldn't it was my uncle, then if he couldn't/wouldn't it was my other step bro. Along with the will was her health care directive and a Durable POA-------naming my step brother! He has full control over her medical and money. Oh good grief. So, now what do I do? She just told me she wouldn't want him making those decisions (we had just discussed medical). Obviously she has forgotten. I think her BF was behind all this. He obviously thinks I'm incompetent and gave SB this impression, too, I'm sure. (evidence from SB knew nothing of all I had done previously in getting my mom's info, getting on her bank accounts so I could handle things if she couldn't, managing her online logins and passwords, etc)
I called my uncle. I wanted his opinion because I know he'll be totally honest with me. He said he thought she had changed it awhile back, but didn't think he got a copy of that one and he didn't realize SB had that. I told him what she said about wanting me to have POA and that I just discovered SB has it . He said he definitely thought it should be me. I'm her only daughter/child. I should be making those decisions for her. He said he feels step bro is inserting himself into her affairs way too much. He felt it's one thing for financial advice or general advice, but not to be in charge of it. He brought up that when my son asked to borrow $1500 from her (in August) SB was telling her not to. She called my uncle, and he felt she should be able to loan/give him that money if she wanted. He also said, being honest with me, that he thinks step bro thinks I am taking advantage of my mom and her money, because I borrowed a large sum during our construction process. I said it wasn't a gift, it was a loan and I pay her back monthly and then she is getting a big lump sum payment next spring. He said well, it's none of SB's business what she and I agree to and that he thinks it's BS that SB would think I'd take advantage of her money.
I then told him what the new will had. 60% to me, 30% to him (that's new) and 2.5% to each of the 4 step children. He asked if I was ok with that. I said I have no issue with how she wants to do her will/money that would be left over. That I assumed really she will have to use it all/most just for her care. I'm not expecting a big inheritance. He said well, if you wanted we can have her change his down. I said no, I'm not concerned with that aspect of it at all. He then said, well, when he dies his will is left to my mom or myself if she isn't living, so I just get it back, LOL. (he is 3 yrs younger). He thinks she put in the 30% to him because she and him had discussed that when he ends up needing care his VA won't cover enough or something.
He then said he didn't know her exact retirement savings but he thinks it should be enough for her care through the rest of her life. I told him how much she had and he was like well that should get her through 15-20 years, I would think. I said that's what I thought, but I'd do some calculations. I calculated as if tomorrow she suddenly had $7000 a month going out for a nursing home type care, how long would her money last. (she right now has just under 1 million dollars). It's showing 16 years, so to about 94. At least to 90. I then mentioned to uncle that once savings runs out then Medicaid would start. That's how it worked for his mom/my grandma. She had enough savings for 2 years of full nursing home care (she was in a private home, with her own room, and if I recall her monthly cost was like $4500). Her savings ran out after 2 years and Medicaid then starting paying for it, along with her social security. (then she passed a couple months later) So, if mom my lives past early/mid 90's then I guess Medicaid will cover it. It's not like she'd be left with no care.
DD was also very upset to find out SB had the POA for everything. She was pissed to put it mildly. She's like SB's not the one who is working to make sure she's taking her meds when she's supposed to. She said I'm her daughter/blood relative. I should be the one making those decisions about her care, etc.
So, yesterday morning I sat with my mom and had a long talk about the POA and told her SB has it and showed her the copy. She gave it to him almost 2 years ago. She said she thinks what she was thinking when she did it was that since I don't live close by it would me easier on me if she just had him do it (he lives about an hour from her, I live about 7 hours). I'm guessing BF was the one instigating this. But she kept saying, I want you do do it. I kept saying I'm ok with whatever she wishes, but I got concerned about it since the night before she had told me "I don't think I'd want him making my medical decisions". She said she should have told me that she did that, but she must have forgot and thought she told me. She said she realizes now I can take care of most things for her from phone or computer. And I said and if you were in the hospital, of course I'd be here with you. She says "well I'm just going to change it. He will understand. He'll probably be relieved to not have to do it". I told her I'd figure out how to do the new POA and we can take care of it when I'm back to visit her next month.
THEN, I hadn't checked my emails these past 4 days (most all my personal emails are just bills and online orders, etc). There is an email SB sent on Friday. He said he knew I was visiting her and that I should extend my visit a few more days because of mom's BF. He said he has POA and has "envoked it". He's run numbers and thinks her money will only last 10-12 years. He wants to make sure her money is protected. Her "unstated" wish is to "hold the A (her maiden name/my uncles last name) family together and I'm doing my best to do that". I have ZERO idea what that means, neither does my DD. I haven't asked my uncle yet if he understand what in the heck me means by that.
So, according to him I'm supposed to be there with her and take care of her, but then I don't get to make any of the decisions how how to do it? No, not happening. What exactly was I supposed to do there for 3 more days? I can't stay 2-3 weeks, until BF ends his life. Then I'll be there again with her for 3 days in about 5 1/2 weeks. I will also be calling her every day, too. Not to mention, I'm sure she was probably ready for "company" to be gone for awhile! I know I can only handle it for so long, even if it is family. I know she wants to be spending as much time with BF as possible, not trying to spend 14 hours a day visiting with me, you know what I mean?
I felt alot better after talking with uncle (I actually talked to him twice). He is also the one I would definitely consult with for any major decisions regarding my mom. He and I are the two people that know her best.
Gracious!I bet reading that will was a shocker! It is your mom's right to make her own decisions, but I get the feeling AN has been working behind the scenes to his advantage. I hope you get things settled before your mom's memory problems become worse and SB can claim your mom is not of sound mind if/when she wants to make changes. Goodluck!!
ReplyDeleteAN should read SB-dang auto-correct.
DeleteIt sounds very complicated to me! I hope you are able to get some good legal counsel and get a new will, POA, etc. done as soon as possible and have the other ones revoked!
ReplyDeleteOh my goodness, I don't have a good feeling about SB. I think the sooner you can get the changes re the POA and will etc. the better.
ReplyDeleteGet her to an attorney ASAP and get the old POA revoked BEFORE YOU LEAVE THIS WEEK!
ReplyDeleteDo not wait!!! Do not leave town without knowing SB has no powers over your mom. Once (if) her boyfriend is gone, it might distress her to the point of being even worse mentally than she is now!!! While she is still considered "of sound mind", do whatever you must to lock down your mother's POA!!!
Oh brother!
ReplyDeleteYou definitely should have POA over your mom. I would hope your SB would gladly step away, but something stinks here. Your business is NOT his business, that's for sure. I'm hoping you can settle this with your next visit. SB needs to do the right thing and back off. Good luck!
I do not like what I have read about your SB. I agree with the commenters above. Please do not postpone this till your next visit. If you need a few more days off, I am sure your boss will understand. Good Luck!
ReplyDeleteI hope that this will be sorted out smoothly. I think he means he has invoked it, meaning he has been through channels to officially use it? I could be wrong.
ReplyDeleteSB may think he is doing what is best, but definitely something is shady. Just be careful and good luck.
What, whoa, wait....NO!!! DO NOT go anywhere until you get POA. If that proves to be difficult, print out every communication you have with your SB, and go visit a family attorney. If there is a senior center in your mother's community, they can refer you to one. DO NOT leave town until this is done. I am not going to sugar coat this: Unless you want your mother to become your permanent ward, do not leave until you have POA.
ReplyDeleteOh my. I am just now catching up on things. I agree with the others, you need to get this taken care of NOW! As for SB, I'm not so sure he can just invoke his POA, but would likely depend on exactly how the document is written. I know when we went through this with my dad (I have DPOA over health and my brother has DPOA over financial) we had to have two doctors declare our father to be mentally incompetent before we could much of anything. I see so many red flags with everything you've said about your SB. Get an attorney now before he pushes this even more, especially with your mom's memory becoming so bad. It has absolutely wrong (and scary!) for him to have total control.
ReplyDeleteI agree. Go back if you are home and take her to a lawyer and get a POA. And a medical directive. I would not wait on this. Not a day! You dont want mom to be worse and you not able to get it changed.
ReplyDeleteBoy I feel for you as I think you may have a real mess. First of all invoking doesn't sound good. Then there is your moms competency, could she pass a mental status exam for memory and cognitive. Have you mentioned any concerns regarding this in texts etc. with SB. (Could be used as evidence). Next sounds like BF is not on your side, he could give statements against you? Such as you weren't involved enough, you and son borrowed money etc. (I'm not agreeing with this!) but then if things got really ugly those loans may be a big thing! Would SB come after you saying your mom wasn't competent then!! (Then my mind goes.... loans/gifts to kids are really tricky. When my daughter was selling then buying a house I tried helping since the closings crossed over and her getting a loan was tough before the first loan was discharged.... what a mess. You can only gift 14,000 and loans have to be specific that it's a loan legally written up with payments spelled etc. or the IRS has big issues. I could see your SB going after all these things! I'd get ahold of an attorney.
ReplyDeleteI agree with all the others. YOU are her daughter and need to be the one to make the decisions for her. From everything you have written on your blog you only have her best interests at heart!
ReplyDeleteJust another comment, the fact that the SB went through all the actions of getting the POA without a family conference, not even discussing this or telling you is inconceivable!
ReplyDeleteBe aware that there are two types of POAs. There is a health care power of attorney and there is also a durable financial power of attorney. They are two totally separate things, each with their own forms. I would hire a lawyer in the state your mother lives in to do the durable financial power of attorney. It shouldn't be too expensive, and I think it looks better to financial institutions when you have it drawn up by a lawyer.
ReplyDelete