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If you are not POA
You have no say in what mom does with her money.
NOW there might be some things you can do that could help.
Begin "charging" mom.
You should have a contract but charge her for:
A portion of ALL living expenses. If there are 3 people living in your house now 1/3 of the mortgage, gas, electric, water, garbage, cable, internet is to be paid for by mom. This also includes 1/3 of all food expenses.
If you are providing "hands on care" you also charge her for your caregiving.
This will mean that mom has less money to give to your sister.
What you do with the money is up to you. You can bank it for mom, you can use it for your expenses.
But bottom line you have no say in what mom does with her money until mom is incompetent AND you have POA or are appointed her Guardian.
How is your Mom accessing her money? Is she writing checks? If so, is she driving it over to your sister or is your sister coming to get it? Don't enable any transaction that takes place on your property or in your house. And don't you enable your sister, either. There's a reason her husband is trying to staunch her spending.
Does your sister have an addiction problem?
You have no power, as you yourself admit.
Your mother is competent to make her own decisions.
She is, however, gifting, and if this catches up to her, then at the very point she needs the help of Medicaid she will not be able to get it. If that doesn't scare her, not much will.
It is very difficult, when a parent sees a child in such dire need, not to want to help.
I can only say that, if mother lives with you, I hope you have a care contract for shared living expenses. If mother has to pay you for food, shelter and utilities that is money you can tuck away into an account for her for her safety in future.
I am sorry, but you couldn't even use any POA unless your mom was deemed incompetent in the courts. This is her decision. You have spoken to her about it. But it is her choice.
Ask your mother, in a calm time, if she wants to give her limited resources to promote your sister's continuous dependency and immaturity or if she would like
her daughter to be able to be a grown up and find a way to take care of herself because Mom will not be around forever to bail her out.
Unless you are in charge of her finances, it is her choice.
I would get Mom to assign you POA even if u did not have this problem. Its a tool u will need as she ages. At her age, it should be immediate. But IMO as long as she still has the ability to make decisions, you are not in "control". But if Mom really rather not give Sister money but just gives in, she can tell Sis that u now have POA and handle her money.
You and Mom are enabling your sister. She has a husband, I doubt if he is starving her. Your husband seems to be the only one setting boundaries here. And why is your daughter involved? All you and Mom need to do is learn the word NO. One way maybe getting Mom to stop is tell her she is interferring in a marriage. That Sis's husband seems to have set boundaries when it comes to how much money sis is given. Mom is thwarting his efforts to teach sister to budget.
A lawyer cannot help you. Mom is competent to make her own decisions. Now if she had Dementia you could try to get gaurdianship. What needs to be done is Mom and you set Boundaries. "No Sis, you have to live on what your husband allows you. Mom needs her money for her and I cannot continue to go against my husband. This money problem is between u and your husband."
Keeping things from your husband is not good policy, especially since he's made it clear how he feels about the situation.
Stop enabling sister, tell mom that you can't support her giving away her money to sis, charge your mother for room and board so she won't have so much to give to sis, and refuse to be a go-between between mom and sis. That's a starter.
You might think a bit about sis's need for money. If it's for drugs, mom should be informed how her money is financing a drug habit.
You need to tell your mom that you will no longer be the go-between to getting money and sandwiches to her.
You also need to tell your husband and daughter to help you become stronger but gentle with your mom's requests.
I would also suggest speaking to your mom's PCP about your sister's demands on your mom and how your mom feels when your sister makes these demands.
Make sure that you are on your mom's bank accounts to prevent sister from accessing money.
Call it like is your sister is no longer asking for money BUT DEMANDING money. when you change the verb it opens a different way to viewing the situation.
and Remember Financial theft of elderly is a crime whether committed by an outsider or a family member.
So short answer to her daughter is giving money away will cause her problems later on. And Medicaid looks back at bank accts 5 years trying to find that very thing.
You can't give it away and then expect state to pay for your medical care
Think about how much this really matters. It’s annoying for you, about the choices and actions for both your mother and your sister, but that may not actually be ‘your business’. Sure it’s a family issue, and perhaps both the husbands could get together and work out a joint plan to control what’s going on behind their backs. If your mother is not paying her way in your house, because the money is going to Sis, that is also ‘your business’, and you can deal with that with mother – putting the money into a savings account for the future if you don’t actually need or want it now.
Think about the long term and the bigger picture – not just the occasional coffee and sandwich.
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