Can a sibling sue for the value of rent from the other sibling that is living with the disabled parent and caring for them?

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Just about anyone can sue just about anyone else over just about anything, if they can find a lawyer willing to take the case. That doesn't mean the case won't get laughed out of court or that the person bringing suit will win.

I suggest this, 2BHappy, do some research. Find out what caregiving services in your area typically cost. If the disabled parent needs 24 hour care, for example needs help getting out of bed at night, etc. then find out the cost for that. If care is only needed a few hours a day, find the cost of that. If possible get brochures from some local care agencies.

Then research the value of renting the space equivalent to the parent's home, on a SHARED basis. After all, the caregiver hardly has the house or apartment to herself, so this should be "roommate" rent. Cut out or print out ads to support your figures.

Got all the numbers collected? OK. Now, assume Mother owes Caregiver sibling $xx/month for services provided. And Caregiver sibling owes mother $YY/month for rent. Now, who owes whom money?

Does the non caregiving sibling have POA for Mom? What is his or her interest in the caregiving arrangement? Is Mom competent to make her own decisions and judgments? Is she dissatisfied with the caregiving arrangement?

Here is another scenario to document: If CG Sib moved out and paid rent elsewhere and took a paying job that built up SS credit and retirement funds, etc., Mom would either have to have the 24/7 paid caregiving that you've already researched, OR she would need to be in some kind of care center. Check out those prices. If Mom's place were rented out would the rental income pay for her care center? Ha, ha, ha.

So, sure one sib may sue another. But before things get to the point where no one but the lawyers win, perhaps a little reality check with facts and figures is in order.
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