Unauthorized withdrawl
I live in Massachusetts, my mother, 81, has dementia. I have her durable power of attorney. She’s gone to visit with my brother in North Carolina and he has made $2100 in withdrawls from her ATM in the last 10 days, bottoming out her checking account–possibly with my mother’s consent. If she needs to apply for medicaid in the next 5 years, someone will be looking for that money. Do I have the legal right to demand that my brother give the money back?

Asset Protection via Revokable vs Irrevokable Trusts
Five years ago we proceeded with estate planning for my sole remaining parent. This included establishing Health Proxy, Durable Power of Attorney and a Family Trust, including a Declaration of Realty Trust to which her home was transferred via Quitclaim Deed, believing this would help preserve her modest assets of about $350K. Within the Trust, there is an amendment making the trust revokable by the trustee (our parent), with the stipulation that she could revoke the trust (since she is Donor & Trustee) ”UNLESS INCAPACITATED.” Well, 4 months ago, she was diagnosed with Alzheimer’s and her condition was so poor we had to place her in the dimentia unit of an Assisted Care facility. Because of Psychotic drugs she is on, we obtained a Rogers Guardianship of our mother. The original attorney believes the Trust as arranged with the revokable amendment ”unless incapitated” provides her with asset protection from medicare in the event she must be further institutionalized in nursing home care. A new attorney I have used to execute the current Rogers Guardianship states that the revokable amendment in the trust renders it useless for asset protection. What can you tell me about this before I proceed seeking an answer. Thank you very much.

durable power of attorney
does a durable power of attorney need to be notarized or only witnessed. The instructions for the form I have gives me an option for either, but the actual form indicates a notary.