My brother wants to sell my Mother's contents of her home while she is in the nursing home. Can I remove her things from her house?

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My mother is in a nursing home - I have Medical Power of Attorney, but not durable Power of Attorney - my Mother and I both agreed it should be the family attorney. Mom is still very much alive, but suffers from some demintia, congestive heart failure, incontinence and a traumatic brain injury from a car accident many years ago. She is also legally blind. She will never be going home again. I have not done anything with her house, I guess hoping for a miracle that she might go home someday, but the Doctors say that will never happen. She has many valuables including antiques in a very large victorian home. Just last week, the police were called to her home as the neighbor saw someone prowling around the house, looking in the windows etc. Even though the house is locked up and the windows are locked and secured, it's just a matter of time before someone breaks in. She lives in a rather small town and was well known before she went to the Home. There is me and my brother only, but my brother has not been in her life for years now so I am the only one who takes care of her. I'll note she is private pay in the nursing home and will be for many years so finances aren't an issue.
I am proceeding with removing all her contents from the house with the intent to hold an auction and sell some of the contents and store others until she passes. My question is, do I have to go through her DPOA for approval before I do this? Since I am her daughter and she is still alive, do I have the right to do this so 1) isn't the victim of a crime and lose valuable property; 2) I plan to put it in an account for when she does; 3) her DPOA has said we need to sell the house eventually anyway and I can't do that with the contents in it.
The main reason I don't want to get him involved is because I know he will want to sell everything and I'm not ready for that to happen. Any information would be welcome!!!

Answers 1 to 5 of 5
I feel sure the DPOA will have to agree to sell the contents, but I agree that it needs to go into an account for your mom, and/or used for your moms needs only. I am going through a similar issue, only my brother and I are the DPOA's and he wants to actually sell her things and divide as per her will. Her will is only in effect once she passes. And, my mom is still very alive in a nursing home as well.
These are good questions. I believe a persons will is their listed intents and as long as you are doing what the will describes you are carrying our their will.
That said, anything you hold back that others expected you cash out will be accounted for as part of "your half". Much like a divorce.
Yes - the money really does need to go to my Mother's needs. i am the sole heir of her estate. She has 3 additional small requests that do not amount to much - mostly furniture peices. I fully intend on putting those pieces in storage until such time as the Will is executed. Other than that, it's just me. So, I can't do any of this until or unless I speak with the DPOA? Is that correct?
Are you the executor of her will? It is my understanding that the DPOA only has the right to make these decisions while she is alive. But, as alot of people suggest, you may want to speak with an elder law attorney for your state.
I don't believe I am, but I remember having the conversation. I'll speak with the DPOA - I know Mom wanted me to be the executor during that meeting when all of this was decided, I just don't know if she followed through with that. I don't anticipate any resistance from the DPOA - in fact, a while back he indicated we needed to sell the contents and the house. He just hasn't moved on this yet and I want it done - to date I've managed all decisions, including some financial without a word from him. In fact, he signed some documents I had sent over to him regarding some financial issues. Didn't say a word!

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