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Public trustee no help.  The caregiver has already gone to the Public Trustee about this; but they said that there is no evidence that the PoA is misusing the actual use of available funds, there is nothing they can do.


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Cindea, there is nothing wrong with being in a care facility... there is a time where our parent needs that extra layer of care that only experienced paid CNA's, RNs, and LPN's can supply. Find a facility that is private pay and will also take Medicaid.

Please note that the majority of grown children do not get paid for caring for their parent unless the parent pays that child directly or with direction to the financial Power of Attorney to make the payments. But all of this is done before the grown child starts being a caregiver for the parent.

Thus, either start looking for a care facility, or make an employment contract to give to the POA. If the POA cannot afford to pay you, then you need to decide what to do next.
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Get a lawyer who specializes in Elder Law. Your mother should be paying for room and board and a reasonable personal care charge.
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The elder is living with the caretaker, and has severe dementia. She definitely needs 24/7 care, and the caregiver sibling is doing her best to make sure that 'mom' doesn't end up in care facility. There are considerable expenses to having full care of 'mom'. The PoA sibling is unwilling to pay for these expenses. Caregiver sibling is running out of money to be able to do this, without 'expenses paid' from mom's estate.
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Is there a need for 24/7 care? Who has determined this?

Carer should move out and report elder as a vulnerable adult.
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The POA doesn't have to pay the sibling. The sibling needs to move on if he or she wants to be paid. As Judge Judy would say, "Move."
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