My brother has accused me of misappropriating my mother's money. What can I do?

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I have been her POA for 4 years. A Guardian has been appointed, now they are coming for the condo she and I bought last year when she went into an Alzheimers home and we had to move out of the large home she had with her late husband. They are claiming I did not have the right to buy the condo when my POA and my lawyer says I do. What can I do other than wait for the lawyers to go back and forth with this?

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Pretty sure Sandra has abandoned this post at this point. I hope she finds a way through this.
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I hate to say it, Sandra, but you have a bit of an uphill battle here. You have to take a step back and look at this from the outside. The home was your mother's. The money from the sale of her home was hers and was never yours and hers. Power of Attorney does not imply joint ownership. While under normal circumstances, a parent can buy a condo with their child without any problems. But the issue here is that she already had Alzheimers, which puts her capacity in question. Now add in the fact that you were in a position of confidence, being her caregiver and POA. So the appearance to the outside is that you used your position to influence her to purchase a condo in both of your names just before going into a memory care facility. Now add to the picture that you are the only one benefiting from this purchase. Your mother's name may be on the condo, but it appears that it is only yours and you intend to inherit it after she passes. If her interest in the condo is the vast majority of her assets, then it looks really bad. I'm not suggesting you did anything wrong. I'm trying to paint the picture that others from the outside are seeing. At this point, the Court appears to be involved. What the Court likely sees is that your mother's money alone purchased the condo, regardless of who's on title. You could make an argument that she wanted to pay you back for the years of caregiving, but that circles back to her ability to make those types of reasoned decisions given her capacity. Would you be willing to offer to pay rent? That way your mother's estate sees money from her purchase? Really, I think that's your only option out.
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You should let an elder law attorney handle this due to its complexity.
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I'm afraid Sandra's got big trouble. One thing no one has touched on is the guardian. Typically legal guardians appointed by the court are not just any old ignorant yahoo - in fact often times they are attorneys themselves. Court appointed legal quardians don't make random trouble for families, either. I'd be willing to bet that if the guardian thinks there is a case - there is.
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See, that's my question, CM. It appears that Mom never lived in the condo - but it's not definitively stated that way.

But either way, this has the potential to be a huge problem, and if Mom never lived in the condo and the proceeds of the sale of her home were used to buy the condo for the sole purpose of the OP having a place to live while Mom went directly from the sold house to assisted living, I can see why the sibling is upset.

I also agree that if the attorney advised this was an acceptable use of Mom's proceeds from the sale of her home, then the problem is with the attorney, who gave incorrect advice - but unfortunately, Sandra is going to be the one that has to deal with it.  
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Susan, the OP says: "When the house was turned over to the son in law he sold it and we received money. With that money Mom and I decided to buy a condo as I had no where to live after 3 years of full time catering of her and her late husband and she was going into assisted living."

I don't get the impression mother lived at the condo at any point; but I agree it's not clear where they were both living between the mother's home being sold and their eventually receiving their share of the proceeds.
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I think your first lawyer advised you poorly. If your mother was going into an Alzheimer's home the same time you bought the condo with the proceeds from the sale of her house, then that money was hers and should have been spent for her care and not for the condo. If this is the case, then your brother has a point as her guardian. I would be angry with that first lawyer and report him for giving you the wrong advice.
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I have the same question I had before. What is the timeline here? Did Mom live with you at the condo at any point in time, and for how long?
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I agree with Countrymouse.
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SandraS, you have a problem.

You say your mother and you decided to buy the condo to provide you with a place to live when she moved into the memory care facility. But here is your problem: your mother's Alzheimers Disease, underlined by the fact that she needed to move into memory care, means that she was unable to make this decision. Which leaves just you. You decided to use your mother's money to buy yourself a place to live. And that is misappropriation of your mother's funds. You used her money for your own benefit. That puts you in a terribly false position legally. That's the bad news.

But none of this makes you a bad person. For one thing, you are being very straightforward and clear about what has happened: you're obviously not trying to cheat anyone out of anything; you certainly didn't deprive your mother of assets she needed for herself. For another, I don't doubt that your mother did want you to be decently housed and financially secure after the years that you had devoted to her and her husband's care; that would be only natural. The trouble is, she didn't and couldn't put those wishes in writing, and at the time the decisions were made she was not competent to make them.

I don't like the sound of your lawyer. It could be that he's charging you a lot of money to tell you what you want to hear; and it could cost you worse than money in the end. Can you get a second legal opinion?
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