Legal Question in Elder Law in Washington

mothers care

My brother is power of attorney and we have had no imput what so ever. This includes financial. She is in an assisted living establishment and her money will run out in approximately 11 months. My brother is just now looking into Medicade. Now all of a sudden he wants me to take over everything & act as power of attorney. I said he needed to have the books audited before anything is done. He declines. He has taken all of her money and put it into a checking account and wants me to sign on the account. I don't feel comfortable doing so as I haven't had any part of her financial dealings for 7 or 8 years


Asked on 12/14/07, 2:10 am

2 Answers from Attorneys

Elizabeth Powell ELizabeth Powell PS Inc

Re: mothers care

Please contact one of the excellent guardianship attorneys available in Tacoma. Robin Balsam comes to mind, or Chris Neal, Merry Kogut if you are on the penninsula. You can use avvo.com to help you find a local guardinaship attorney. The good ones are rare, and may or may not be listed on avvo.

Your instinct not to sign anything right now is correct. You have no way of knowing what those books say without an audit. Furthermore, you need to review her DPOA and see if it gives you, as a possible heir, the right to an accounting.

It is not correct for him to take all her money and move it into a separate account without safeguards.

Your other option right now is to contact Adult Protective Services (look on line at access.wa.gov for DSHS and follow the links) and report what is happening to your mother. Taking advantage of her financially is a crime.

Hope this helps. Elizabeth Powell

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Answered on 12/14/07, 3:02 pm
Merry Kogut Key Peninsula Law

Re: mothers care

Ms. Powell is correct, and I also appreciate her referral to me. (By the way, I take guardianship cases in Pierce, Kitsap, Mason, and Thurston counties).

A quick way to reach Adult Protection Services is 1.800.endharm during business hours. You didn't say how much money your mother had when she entered the facility or whether you suspect your brother of taking money.

The assisted living establishment's business office probably knows how to apply for Medicaid on your mother's behalf.

If you don't want to contact APS, you can also ask the county superior court to appoint a professional guardian to take over financial and personal care for your mother. You can do this yourself or through an attorney (I usually charge a flat fee of $1K). Some of the superior courts have packets you can buy, or you can get the forms online for free.

For more information, contact me directly and privately at [email protected]

Merry Kogut

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Answered on 12/15/07, 9:13 pm


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