In most situations, money for these items belongs to your mother. If your sister sold the items she needs to deposit the money into you mom's account. Medicaid could ask for receipts if/when your mom goes on the program. Much depends on if you want to confront your sister or not.
Can someone who have power of attorney obtain property for them selves if they are willing to take over the sole care of a parent when there are other siblings.
Pennylane, are you asking if you can use your parent's money to purchase a home for yourself? No, that would be abuse of power, in my non-legal opinion. Read up on the duties of the job. They are spelled out on the form you and your parent signed.
I don't know anything about Australian property law, but it isn't obvious that living in one state should prevent a person from selling a property in another; so that shouldn't be a problem. Check online what regulations apply.
Selling your mother's house for her should, similarly, be fine if you have power of attorney for your mother, or even if she gives formal permission for this to be done; but again check with your local regulatory authorities.
If you are able to go ahead and sell on her behalf, make sure the money goes into her own, dedicated bank account - it saves a lot of bookkeeping headaches if everything is kept separate. Best of luck, please update.
Webster, Power of Attorney is not "got" by one person "over" another. It is GIVEN by a person who is of sound mind and full mental capacity TO another whom he trusts completely so that, should he later lose capacity, that trusted person will be able to manage his affairs on his behalf.
If your father's dementia has already progressed to the point where he cannot make everyday decisions for himself, he cannot legally create a new power of attorney for your mother.
So to answer your question directly, yes he would need to be present. And in the usual process, not only would he need to be present, but his signature would be witnessed by an independent person who would have to be satisfied that your father knew what he was doing.
Is that going to work for him? If not, there are other systems that will enable your mother to manage his affairs - search for answers about managing money when you can't get POA.
I have dpoa my mom is in the nursing home she gets medicade and medicare if i sell her house can i give the money as gifts to her children shes been in the nursing home less than six weeks
Well you can.. but should you?? They will have to pay it back under medi recovery in most cases....Or you all will be paying the bills. Sounds bad to me..
Lmruble, if you gift the equity from the house to relatives, Medicaid will STOP paying the nursing home for your mother's care. Then either the relatives would have to foot the bill or your Mom would be asked to leave... then someone from the family would need to take care of Mom in their own home. Later down the road, your Mom could re-apply for Medicaid.
Don't forget, Medicaid is funded by the taxpayers, and it isn't fair for the taxpayers to pay for your Mom's care while relatives are receiving money from the sale of the house.
My mother has 4 rental properties and lives on the meager income and social security. Mother is not capable of deciding what is best for her but we don't have any doctor's statement or diagnosis. She is 91 years old. My sister and I agree that we should sell a house in order to allow mom to get her hair done once a week, attend Adult Day Care while I am at work, go out to eat, and enjoy life while she still can. She cannot take the money with her. She will not be eligible for Medicaid. I don't believe she will out life her savings. I have DPOA. I am trying to figure out what is best for her and how to go about it. I wonder if I should sell a property.
Can a DPOA expire for any reason aside from the death of the grantor? I have a mother in law in a care facility in Albuquerque. There is a need to sell her house to afford the care she needs. I am now being told that the 19 year old document (POA) may not be accepted by the title company because it is too old? IS THIS TRUE??
It shouldn't be true, there's no reason to revisit a POA if the donor is happy with it; though I suppose it's possible that your state regulators have introduced a requirement for POAs to be reviewed periodically, is it? Only one way to find out: ring round and ask.
08/24/16.... Riogrande67, it all depends on how the Power of Attorney was written. Title companies require that the Power of Attorney document has certain wording regarding that allows the POA to sell a home. They might ask that you use their own POA form..... I had this happen to me once.
Most states require that a Power of Attorney be recorded in the same place that deeds are recorded, in the County were the land is, to document the authority to sell. The question of whether you should or not is a valid, and depends of course on the particular circumstances. With reference to the post of pamzimmrrt, Medicaid recovery will not be an issue as long as the proceeds are used to purchase care or items for the needs of the former home-owner. Medicaid will, on the other hand, in most cases require the repayment of benefits that were properly paid out because the house was a non-countable resource during the elder's lifetime.
In all honesty my mother have past away, on Monday and have just found the house for sale this morning. How is thatnpossible no one else in the family knows about it.
In all honesty my mother have past away, on Monday and have just found the house for sale this morning. How is thatnpossible no one else in the family knows about it.
Hi, my mom and dad passed away a few years ago and their house was sold recently. What percentage will the lawyer get out of the inheritance from the sale of the home?
Good luck,
Carol
I don't know anything about Australian property law, but it isn't obvious that living in one state should prevent a person from selling a property in another; so that shouldn't be a problem. Check online what regulations apply.
Selling your mother's house for her should, similarly, be fine if you have power of attorney for your mother, or even if she gives formal permission for this to be done; but again check with your local regulatory authorities.
If you are able to go ahead and sell on her behalf, make sure the money goes into her own, dedicated bank account - it saves a lot of bookkeeping headaches if everything is kept separate. Best of luck, please update.
Webster, Power of Attorney is not "got" by one person "over" another. It is GIVEN by a person who is of sound mind and full mental capacity TO another whom he trusts completely so that, should he later lose capacity, that trusted person will be able to manage his affairs on his behalf.
If your father's dementia has already progressed to the point where he cannot make everyday decisions for himself, he cannot legally create a new power of attorney for your mother.
So to answer your question directly, yes he would need to be present. And in the usual process, not only would he need to be present, but his signature would be witnessed by an independent person who would have to be satisfied that your father knew what he was doing.
Is that going to work for him? If not, there are other systems that will enable your mother to manage his affairs - search for answers about managing money when you can't get POA.
Don't forget, Medicaid is funded by the taxpayers, and it isn't fair for the taxpayers to pay for your Mom's care while relatives are receiving money from the sale of the house.