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Delta4u

Trust Money...Help!!!

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Mom has a revocable trust. She is giving sister a lot of this money in order to help put a downpayment on a house. Sister is Durable POA for financial and was going to do it herself, but the POA of attorney documents talk about the powers and not being able to take out that much money...so mom is going to do it " on her own accord" Mom has been diagnosed with Dementia and we just had to take away her car. Sister has decidd that she wants to take care of her, therefore she is justifying this amount of money because of all that she is going to do and it equals out to be about three years in an assisted living place . I believe that my mom is just being told what she needs to do with the money without really knowing what is going on.  Mom gets quarterly required distributions from the IRA accounts that make up the trust. Once the money is used for the down payment, it will be in the house and unable to access if more care needs to be paid for. Sister is unwilling to entertain any options that would require that money be freed up if needed.

 

 I was told that there is nothing that I can do legally to stop this transfer of money from taking place. The only route to stop this is to start guardianship proceedings. Is that the only route? If I start these proceedings, will it put the mortgage company and the trust on notice. My main concern really is that the house purchased is not necessary in order to care for my mother and I need money to be available if needed. 

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