I was the original POA for my mother for health, finances and property. I live in TN. Once my dad passed (May 2023), my sister swopped in and took my mother into her home. They live in IL. Mom suffers from anxiety and has been hospitalized multiple times. My mother is like a parrot and repeats anything that is spoken to her over and over again. Eventually she will believe it to be true. My sister has convinced my mother that I changed all of her passwords on her checking and they were unable to pay their bills. Of course this is not true at all. My sister had lost her job 4 months prior to dad passing. She never told anyone. Her unemployment ran out in August (2023) of last year. She has been paying her bills and mom's bills from mom's accounts. In December (2023), she told me to not discuss any financials with mom as it was none of my business. In addition she told mom that the POA is not legal until she passes. Since she convinced mom that I changed the passwords, she agreed with my sister to change the POA - and the executor of the will to my sister around Jan3rd 2024. Now they have purchased a new home that is only in my sisters's name and my mother, and are looking at a new BMW SUV. In addition, my sister and blocked us on Facebook and refuses to let mom call me. I think this is elder abuse and fraud. What can I do? I'm on social security and have no extra money.
However, you say your mother is mentally ill. The law doesn't protect the mentally ill to the extent it does the demented. If your mother chooses to make these choices, I do believe that the law will allow it.
We are allowed to give away EVERYTHING We have to ANYONE we wish to. That your mother chose to give everything away to sister seems to have been her choice.
If you give this information to APS they are going to want to know your mother's exact diagnosis. They will, if they open a case, speak with her alone. If she says she is happy, and she MAY be with the home and the BMW for now, there is little they can do.
You might also speak with an elder law attorney for an hour simply to learn options, but I honestly think you have very few.
I went through this in RI and no one would help me.
Sadly these things do happen where an elder gets talked into some things .
You can call APS , but if your mother says she is happy with her current situation , I doubt they will do anything .
You could check with an attorney as well .