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He has been removed as POA and Trsutee. I am now the Legal Plenary Guardian.

This is a question for a lawyer experienced with elder financial abuse in your Mom's state of residence. We are a global forum of citizens, not professionals.
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Reply to Geaton777
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A POA can be paid according to the wording of the legal POA document he/she holds. If it stipulates an amount, then that amount can be paid to him. And it matters little in what order he pays the bills of his principal, just so they ARE paid to the best of the assets held.

You have gone through getting POA removed from Nephew (who was POA according to your profile) and to become, yourself, the guardian.
This means you do likely do have an attorney.
I would ask these important legal questions of that attorney. Malfeasance by a POA, who has a legal fiduciary duty, in which he/she enriches self, may be prosecuted under the law, but as you will know a suit such as that, in which you function for your loved one as Guardian, is not without cost, and will have few repercussions other than a paying back of monies incorrectly collected; question being does Nephew HAVE money to pay back.
So this really is a legal question in which the details matter.

Best of luck.
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Reply to AlvaDeer
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