Mom in hospice care, her new husband writes checks, hides documents (I have POA)

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ballances

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My sweet mother is thousands of miles away and is home with hospice, following 2+ years of stage 4 cancer treatment. Her new husband (5 years) and she have a prenup. I have POA document. I just returned home from a visit and long to return to my mother. My sister is providing 24/7 care and amazes me every day with her enduring compassion. After consulting my other siblings, we agree that our sister will be paid the going rate for her services.

It seems that my mother's husband has been writing checks from my mother's personal and brokerage accounts for at least the past 4 weeks. The activity, itself, makes sense, as I am sure he was trying to help her accomplish tasks and I was thousands of miles away. However:
  1. When I mentioned taking over the checking and bill paying, he only reluctantly gave me one pack of checks from each of her personal accounts (no access to the joint account)
  2. I wrote my sister a check for her services, to date and asked for her to hold it until I was able to confirm the balance. He (stepfather) told her to tear up her check and that I made a mistake, that there were insufficient funds in that account (which is not correct). He then wrote her a check from the other account. This nearly drained this account. He also failed to notify me that he had done so.
  3. My mother's broker asked about an unusual check written out to cash from her brokerage account for $600 (on the day I arrived in FL). I did not recall the stepfather ever mentioning the use of this account for household matters, so called him to ask if he knew anything about it. He claims that he told me he took $600. from her every 2 weeks for their joint house account (paying the mortgage, etc.), but ealier he had noted that he stopped asking her for the money once she became ill. In fact, I am aware that he had stopped paying the mortgage altogether, but was squirreling this money away in a joint account, after paying household bills.
Something doesn't add up and he is either having mental difficulties (age 82) or he truly is suspicious of my intent. Based upon account activity, it is clear to me that he has been taking $1200 per month from her personal account to cover household expenses. This goes back far enough that she clearly agreed to this. However, he seems to have cut this down to $600 and simply made a mistake taking it out of the wrong account?

Why would he do this (write the check) the day I first arrive, when he knows that I have the POA?
Why is he being defensive and not wanting to turn over registers, documents, checks, etc.? Though I have not presssed the matter, as I am trying to keep peace for my mother's sake (of course).
Why is he telling my sister to tear up one check and writing another one (as opposed to contacting me if he had a concern)?
Why no transparency on the house/joint account? I do understand that if he chose to not pay the mortgage, there could be a bit of money in there.... but maybe he should have it. I can see that he will be left holding the 'bag'. After all, the house is not worth anything near what they owe.... And, my siblings and I have no intention of pushing a buy out of us, when we know he plans to walk away....


Most importantly, how can I focus my attention on my mom, when this mess is going on? I resent his demeanor and would like to get a clear message to him to no touch/write checks and get him to understand that I must have access to her records. But, out of compassion, I wonder if he is clinging to 'managing the house' because it is simply easier than facing the death of a spouse... Nevertheless, his rudeness and brashness is not acceptable and I am terribly troubled by all this.

Please advise! :)
 
Please speak to an attorney about this.

A message board cannot really help you.
 
I'm sorry to learn of your mother's medical problems. I hope and pray she recovers.

I'm glad you're in mom's life. But, your POA is useless. Proserpina advised you to see an attorney. I suggest you do the same

Why? Your POA is likely invalid and could get you into big trouble. Her husband is her legal next of kin, your POA, notwithstanding. You see, when mom married him, their marriage license superseded (subsequent marriage) your POA. Or, it at least invalidated it.

I suggest you read the Florida case Turchin v. Turchin. It addresses a situation analogous to yours. That case involved a prenup, some assets, a death of one spouse, and disputed assets from the sale of a home deeded to both parties.

Before you dig in too deeply, speak with a Florida attorney, one licensed to practice in Florida. Until you've done that, proceed cautiously. You could end up not being allowed to visit your mother. That wouldn't be a happy situation for any of you, especially your mother in her delicate condition.
 
If you have POA will that open your access to her account with the bank? Could you pull a transaction report on all her accounts directly from the bank? I would attempt to do this in person rather then over the phone.

**** Just read Army Judge post.. I would do what he stated. You could ask this attorney if your POA would allow you to pull these reports
 
No, don't try to pull any transaction report from the bank as you have an invalid POA now. It might just land you in trouble. Talk to an attorney first.
 
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