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I am the legal guardian for my mother. During court my brother agreed to be the caregiver, once we left court he stated he decided he did not want to be the caregiver. He also lives in the property and has convinced my mother to quit claim 25% of the property to him. He has not and does not contribute financially toward any of the utilities, does not assist with property tax and refused to assist with upkeep of the property (roof repairs, main sewer line replace) and now windows are needed. He also does not work and is not look for employment.

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I thought reptiles was pretty good!
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Typo he relies on my mothers income.
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Thank you both for your responses. Prior to moving into her home in June, she was approved for adult day care 3 days a week and a home maker for the other 2 days. I asked my brother to take the training so that he would be paid for the hours spent with her (6 hrs) he refused. We rotates weekends and I cared for her during the evenings during the week after I got off from work. He was provided more than ample time to seek full time employment. He chooses not to work and reptiles in my mothers income. I do understand what it takes to be a caregiver, worked in a hospital for many years and now work with county providing direct services. Think I've been more than fair. Pay all utilities, food and just paid 1/2 for new roof and sewer line that's totaled 10,000. I have no interest in the property. He has 25% and has not co tributed to any repairs. I think he's paid very fairly.
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and just another post thought....If he can't leave her more than a few hours, how is he supposed to get a job to pay the bills? Everybody wants to take over control of things, but do they really know what they are getting into? Are you financially able to pay all the bills AND hire someone to care for mother? Things to think about. Once you take on POA it is your duty to do everything in her BEST interest....even if that includes using your income. And if your brother has been living there at least 2 years as a caregiver, the home would go to him. Don't know why he would only settle for 25%. Know the LAW.
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PS: As guardian, it would have been your responsibility to pay these bills and find proper care for your mother, or do it yourself. If you felt he was not properly caring for her, it is your responsibility to either find someone who can, or take over care yourself. Now living with her I'm sure you have more of an idea what it is to care for someone with dementia. I know firsthand having cared for my dad and now living with my mom. So I do know the responsibilities. Good luck with everything. :)
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If he was living with her, caring for the home, and house duties think he deserves at least some compensation. You would have been paying those bills regardless of him living there or not. Live-in caretakers working for a company I looked into are generally compensated around $150/day for 8 hours, room and board, weekends and nights free. And any medical assistance needed you would have to have a professional come in to help with. And paying just for someone to stay overnight would range in the $10 to $30 range depending on how much care she needs. Things need to be fair. It's like the housewife who cooks, cleans, cares for the kids and home, yet people say they do nothing all day.
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No I think what is past is past, no going back to recover anything. Just move forward, do what is best for her.
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You just made me smile! So that I'm making an informed decision and know what all of my options are, am I able to sue on her behalf for past years of utilities paid by her in addition to taxes from the time his name was added to the deed?
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neversettle, If she needs a nursing home, by all means, move her there on Medicaid. All of her checks will go to the nursing home. Then call the utility companies and arrange for a shutoff and notify bro he has to call them and put them in his name before the shutoff date. The state will not require the house to be sold, but they will establish a lien on her 75% of it. They will not actively foreclose until after her death. If there is a mortgage, bro will have to pay that and the taxes or they foreclose as well. What a lovely thought.
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Spent my day speaking with a pro bono attorney. He stated that verbally agreements are not recognized in the state of Illinois and the most we can possibly expect in our favor is 25% of repair cost since he is in the deed for 1/4 of the property. We will need to show proof of the needed repairs and what work was completed with receipts. There is still no guarantee. My thoughts are to cut my losses as guardian/daughter and place my mother in a nursing home where she can receive 24 hour care. Her SSI can go towards her care. Not sure if the state will require the sell of the home to obtain her 25%? The tension is only escalating between us and the verbal threats are mor than I can handle.
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Yes! I moved in2 months ago to help with my mothers care. My brother was leaving her in the home alone for several hours. She has early onset of dementia and smokes. I currently buy all the food and pay all utilities.
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About the brother taking advantage. I was in a simular situation where there was a Brother/Son taking advantage of an elderly women who I was caregiver for. We ended up going to our local Elconsellio Department who provided free legal service. They did everything legally for us to evict the Brother/Son. It was a little bit hard, emotionally on the Mom, who had a hard time following through with it. But in the long run, she knew it was best. Once it was done she was fine. We went to court, the eviction was granted and in three days the sheriff was there to help see to it that things went as smoothly as possible. Do it! It is the best thing for not only you , your mom, and your other brother, but the one who is taking advantage it is not good for him to be allowed to get away with this. So it is the best thing to do for him as well. ByThe Way. You do not need to be Latina/Latino to get services from Elconcello
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He eats your food? You live there too?
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Would love to keep her in her home. However, my brother continues to benefit from my other brother and my hard work and money by living in the home for free. He contributes nothing! He eats our food, enjoys the luxury of water, electricity and heat during the winter. He also does not contribute toward the taxes. He is an absorbent cost to all of finances. He leaves his bedroom lights on all night, interrupts her sleep with loud phone conversations at all hours of the night. I'm at my wits end and need a resolve. He convince my mother to take a loan against her life insurance policy, never paid back the loan. He took out a new policy with part of the loan and made his self the beneficiary. Is there no legal recourse?
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Verbal agreements are not enforceable in court. I'm not sure why you want to sell the house. She can get Medicaid and still keep the house and one car.
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Yes, you are absolutely correct! That is exactly what I was told today at the district court house. With house repairs and past attorney fees I think it's time to cut my losses - no good deed goes unpunished! He verbally agreed to pay 1/3 of the repairs and has not done so. Can I take him to small claims court? And what about the utilities that's doesn't contribute too? This feels like a no win situation.
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Depending on the laws of your state, even squatters who have no quitclaim deed, no blood relationship, people who don't even know your mother but who take up residence on her property have to be legally evicted. You need a lawyer.
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Thank you for your responses to my very complex situation. very much appreciated and very useful information.
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All of that should have been presented in evidence at the Guardian hearing.
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My apologies, the quit claim was done prior to her diagnosis of damentia but during a period a heavy drinking. My beliefs are that he took advantage of her drinking and ability to comprehend what she was signing. He has convinced her to take a loan against her insurance policy in which he took and initiated another policy and made his self the beneficiary. The pain was never paid back and now that policy is cancelled. He has also put bills in her name (phone and cable) that has gone to collections. Please advise?
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Can you find the Quit Claim Deed? If so, see if it was Notarized. And depending on what State your Mom lives in, she may or may not have needed witnesses. If the Quit Claim Deed wasn't Notarized, I bet it is invalid.

Maybe it is time for your Mom to downsize into something more manageable. By selling the property then your brother would need to leave... as one can't sell your brother along with the house.

If the house needs a lot of work, sell it to a person who flips houses, a professional flipper has probably run into this situation before and knows what to do.
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Go back to your lawyer. Your mother cannot quit claim anything because she was declared incompetent. Initiate eviction proceedings.
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