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Jake12 Asked November 2016

What are the responsibilities of POA to disclose finances to siblings?

Barbaram Dec 2016
My brother and I were botg POA for my father my brother moved in and took over 91,000 of my dads money and spent it on himself. He signed my dads name to checks and withdraws. He thinks what he did was legal because he had POA I disagree he can not show one penny was for my dad.

pamstegma Nov 2016
Medicaid will want the property sold or collecting rent. It's not the siblings, it is Medicaid rules and a Medicaid lien on the house.

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JessieBelle Nov 2016
guest, thinking along those lines it would actually complicate things if a child were to be paying rent. If a parent was on Medicaid, the rent would be viewed as income and could disqualify the parent. It would end up costing the parent more than not paying anything at all, since the total cost of the facility would be out of pocket unless there was a good LTC policy.

Guestshopadmin Nov 2016
Please remember both mother and father of SIL were in facilities for many years. Unless they were very wealthy or in VA home completely paid for? There is probably a Medicaid lien on the home anyway and none of the siblings will be able to collect on an estate. The repairs on home are actually recoverable against a sale price by the couple living in home. It's amazing how much people care about a piece of property once they think it's money in their pocket. You can't retroactively charge rent without a written agreement from property owner, and it sounds like he was fine with them living there. People don't understand Medicaid and exempt assets - exempt while they are alive and only direct caregivers that kept them out of a nursing home get a claim against recovery.

JessieBelle Nov 2016
Jeanne said exactly what I was going to say. It was the father's house and his decision. The siblings did not own it. They are being petty.

jeannegibbs Nov 2016
Jake, is the father now deceased? The POA ceases upon death of the principal, so that is not relevant to what she does now.

If her father was in his right mind when he offered to let her stay in the house in exchange for maintaining it and for the care she provided, that is the end of the matter. His house. His decision. If he left it to her in a will, that was his right.

I think the siblings will be wasting their money to try to pursue this legally.

Jake12 Nov 2016
My sister in law is her father's POA. There are 7 sibblings. Approx 8 years ago, her mother and father went into care facilities. To be close to them and beable to go daily to the facilities in the weekday evenings and meal times on the weekend, I suggested she move into Dad's home which was close by the facilities. I discussed with her dad the proposition that she move into the home and pay all the necessary operating expenses and pay the minor up keep necessary to which he agreed. Her and her spouse moved in and paid all the taxes,insurance, heat, light, minor painting & cleaning etc for the home. She sent out a letter to all the siblings stating her intentions and that the house would be considered a family home so when necessary other family members could come and stay. My wife and I live out of town so this gave my wife the opportunity to come down for 4-5 days every month to spend time with them and reduced our cost to hotel it. Her mother passed away about 5 years ago. Recently, the issue has raised it's ugly head that she should have been paying "RENT" all the time she lived there. At one point my father-in-law suggested to me that she should have the house as she did so much for him. She went to meetings at the nursing home, brought fresh fruit, home made foods,shopped for cloths etc. ( he did not like the food in the home). She has done all the investigating into vets getting him special equipment, like wheel chair, bed foundations etc. I don't think that the siblings are after the expenses she payed out but are hung up on her in the house. I believe that her being there gave them a better quality of life which would not have been possible with out using the home as we did. A few siblings came occasionally some 1 a year others only when they needed money. She did it all.
Was she in her right to use the home as she did or do the siblings have the right to force the issue? PS beside myself she also discussed with him the use of the home. He was very competent right up to his passing.

jeannegibbs Nov 2016
POA is responsible for keeping information confidential, and disclosing only that information the principal wants disclosed. (Unless the POA document designates something else.)

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