Find Senior Care (City or Zip)
Join Now Log In
L
laadelmu Asked October 2015

My sister has POA. Does this give her the right to clean out the house and siblings?

My father is moving to sr living. She decided to rent his house out with out including my brother and i on the decision. This could cause tax issues for my Dad. He's not understanding whats happening. Who do I call? I'm in Illinois and he lives in Iowa.

laadelmu Oct 2015
Were not speaking so no she wouldnt post. Im going to the bank to seenif a copy of the poabisbin the lock box.

vstefans Oct 2015
She may be endangering access to Medicaid should it ever be needed. She probably does not mean any harm - can you get her to post on here, maybe, about your questions?

POAs usually have to show their paperwork to people who have reason to ask for it - OK, maybe not always to siblings - but a POA who is not living up to their responsibilities as laid out in the document can be removed. OTOH, it may give her leeway and she may be acting within her rights; then, only a good faith appeal to the risk of future problems will change her course. The problem is if she wrecks the funding options, probably the whole family will be needing to pitch in later.

ADVERTISEMENT


laadelmu Oct 2015
My parents have a Will thank goodness. The day my father passes away. I plan on holding any thing Willed up until financial records have been reviewed. Any property she's been taking or selling she better have records for those transactions. I'll hold it up until I die if I need too. My parents worked very hard and saved every penny they made and she's disrespecting them at this point.

laadelmu Oct 2015
A new development. She's sold his auto to her sister in law. However the sister in law didn't get a loan. She's making payments to my dad. So if she gets into an accident, totals the car my dad will be totally out! Isn't there something I can do about this one? And in regards to above...My dad is not independently wealthy. She's just an idiot!

sophe509 Oct 2015
Try calling Adult Protective Services in his town.

Countrymouse Oct 2015
It could be exploitative, or it could be that she is genuinely looking for a half way house, with father going to the SNF on a trial basis. What is not clever is the attitude where she won't explain her thinking and takes a high-handed approach - try a reset in communication before things do get irretrievably ugly. She is in charge of his finances, but that doesn't mean you don't have any right to be concerned. Tricky to get her to share if she's already being defensive and blocking you, but worth trying.

GardenArtist Oct 2015
Renting the house under the terms you specified sounds like a disaster in the making. With only utilities being paid, who's going to be responsible for the property taxes and HO insurance? If the former aren't paid, the house may eventually be sold for delinquent taxes.

You could ask APS to investigate since the plan seems to have aspect of financial exploitation. If not, I think you will need legal counsel.

freqflyer Oct 2015
laadelmu, thanks for the update, that paints a whole different picture. Renting out a house below market value will look pretty questionable if 4 years down the line your Dad would need to apply for Medicaid to help pay for a nursing home. Your sister needs to do her homework on Medicaid unless your Dad is independently wealthy.

laadelmu Oct 2015
Id rather not upset my dad. Hes going trough enough at this point. Thank you...i will be contacting the bank.

MaggieMarshall Oct 2015
The only option you have is a nuclear one. Retain an attorney. It's going to get ugly. You are right to be concerned.

laadelmu Oct 2015
Well thats an issue she wont share the info.

Mincemeat Oct 2015
That is a bit different. Talk to the attorney that set up the POA. It all depends on the language signed in the POA.

laadelmu Oct 2015
Shes renting it to a friend and only asking the to cover utilities. We agreed it should be sold for th money he needs. A 5 yr old house for utilities fees. It isnt covering taxes or insurance. He will loose his homestead exemption. Shes not renting with a lease. Because if he isnt happy at sr living he could move back in. Then whats the point of moving him. Hire a caregiver..his sr living rent is 3k a month!!! She also convinced him to give my brother in law money to invest. Hes not a broker! I think its very wrong. Shes not letting us know everything and we have a right to know. She has also turned off his phone and we have no way of getting a hold of him. Were suppose to be on his bank acct but im sure she canged that...reminder..she told me its non of my business.

MaggieMarshall Oct 2015
Right, FF. Ask sis what her reasoning is. Perhaps you don't understand, or perhaps you could enlighten her if she's misguided.

freqflyer Oct 2015
Laadlmu, what is your sister doing that isn't in the best interest of your Dad? What would be the tax issues? How is she cleaning out the siblings?

I see that your sister believes that your Dad needs a higher level of care and plans to place him in senior living. There is nothing wrong with that. There does come a time where an elder needs more care than a grown child can handle, like 24-hour watch. Hiring care givers to work 168 hours a week is very expensive, and would wipe out a retirement fund pretty quickly. With senior living, your Dad would be around people of his own age group.

What do you feel is wrong with renting out Dad's house? Sounds like a good idea to get income to help pay for his senior care. Or do you think it would be better to sell the house now and put that money in Dad's savings to help pay for his senior living?

laadelmu Oct 2015
It was given to her because whe lives there. Nothing to do with trust. We agrees upon things and now shes convinced him to do something else. As far as my brother and i are concerned she states its none of our business. I think it is when shes not doing things with his best interest in mind.

MaggieMarshall Oct 2015
If he's not understanding what's happening, that speaks to his mental state. This is EXACTLY why your dad appointed a POA.

She is well within her rights. She doesn't have to get your permission or anyone else's unless the POA limits her in some way. Unlikely.

It's sooo EZ for people far away to critique the one doing the heavy lifting. Your dad trusted her enough to assign her. Let it be.

ADVERTISEMENT

Ask a Question

Subscribe to
Our Newsletter