My brother and I have equal POA rights over my father medical and financial. Due to a dispute my brother is forbidden me to see my father. The home that my father paid for is deeded to my brother who now resides with him. I have taken care of my father for over 7 years can he do this and what options do I have so I can see my father

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Your not kidding this is complex....the house was suppose to be deeded to all of the children, he has Parkinson his mind is good but my father is afraid of my brother so he won't confront him. the house was purchased 10 years ago in cash and deeded to my brother from what i can see in error. However all i have is the real estate agreement stating that the house should be deeded to all 5 children. There is no way to prove that my dad actually paid for the house it looks like my brother did except for the one piece of paper I believe is the real estate agreement that shows all names. I will speak with an elder attorney as advise. Thank you
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Papi, what are the medical issues with your Dad that he needs around the clock care? If it is memory issues, try to find out when your Dad had deeded the house to your brother. Was he in clear mind when he signed possibly a Quit Claim Deed on the house?

If down the road within the next 5 years your Dad needs a higher level of skilled nursing care, and if money is tight since he no longer has the equity in his house to use, then he would need to apply to Medicaid [which is different from Medicare] to which Medicaid will pay for his care.... but....

Medicaid does a financial paper trail going back 5 years. If within those 5 years they find that your Dad had given his house to his son, then that will be a red flag for Medicaid. Medicaid will consider that a gift. Thus Dad would need to somehow be self-pay at the nursing home or Medicaid will place a lien on the house.

Once Dad passes away, your brother will need to come up with the money to reimburse Medicaid or either sell the house to reimburse Medicaid, since it is still considered Dad's house within that 5 year look back.

If the Deed is over 5 years old, thus not used by Medicaid, then your brother will be faced with Capital Gain Tax when he sells the house, as the bases used to calculate the Tax will go all the way back to when your Dad had bought the house. If Dad bought the house 50 years ago, the value has probably gone way up.

Now I am wondering if your Dad paid a gift tax as the house is probably valued more than $14k which is the current limit where a person doesn't need to pay a gift tax. Oh, this is becoming complex.

In order to see your Dad you may need to clean up the dispute with your brother. Otherwise, make an appointment to see an Elder Law Attorney for advice.
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