My mother is 86 years old. Social Services is involved. My Aunt was power of attorney when my mother was placed in this home. This aunt gave my daughter permission o stay in the house knowing she was on drugs heavy and no income. I called a meeting with social services also asking them for help to get my daughter out of my mother's home. They told me their concern was my mother's care and safety. They had me to call police to get my daughter out. Then police couldn't do anything because my aunt gave her permission to stay..months later there was court to assign public guard. My mother's house is pretty much trash, floor foundation has left.
I had told my aunt I was gonna hold her liable for all damages that occured when she let my daughter stay in the house. She had started selling things to support her drug habit. The day social services got involved I have been asking for help. There is court in May, they want to be successors of the house so they could sell it. This case involves elderly abuse, financial abuse. My aunt hadn't taken my mother to the Dr. in over a year.
Then she didn't pay house taxes and insurance. Can my aunt still be liable and responsible for said damages to my mother house? Me being on disbility, can't afford a lawyer

Do you mean Aunt moved her to a house or a "home" meaning a Nursing Home. If Mom was in a NH on Medicaid, Aunts POA does not give her the right to allow anyone to live there in Moms house. Even though its considered an exempt asset, Medicaid has rules with who can live there.

I don't think Aunt can be held for damages but your daughter may could be held. Also, be brought up on charged for stealing. What was your Aunt thinking? I loved my cousin but I knew her and would have never allowed her to live with me.
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Reply to JoAnn29

How's your mother? I'm hoping to hear that she's out of this situation and being well taken care of in a safe place.

Assuming that's so, under the direction of a court-appointed guardian, does it still matter what happens to the house?
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Reply to Countrymouse

If I understand correctly:  this house is owned by your mother.  Your aunt, as proxy under a POA, "placed" your mother in her own house.   A lot of negative things occurred, including apparently significant deterioration.    Social Services (local or state?) apparently want to acquire title to sell the house.   

When you refer to Social Services, are you actually referring to Medicaid?  Does SS want to sell the house to recover what they've expended for care?   Or is there some other reason?

You want to hold your aunt responsible and (legally) liable for damages (possibly created by your daughter to your mother's house,?

Is your aunt considering charges against you for inadequate parenting?   What steps did you take to help your daughter through her addiction?  Did your aunt allow your daughter to live in your mother's house b/c she felt your parenting was inadequate?

It's not my intension to insult your ability to be a mother, but your post blames your aunt, without addressing your role as a parent.   Why did your daughter become an addict?

It's really quite sad to read of this kind of family friction, and the inference of lack of care for your mother.  I think she's the one who's really suffering.

But as to your question, I have to agree with MJ1929.   Unless you're named in the conveyance deed to the house, you really don't have any standing to contest what was or wasn't done physically to the home, or to ownership or transfer of title.  

Even if your mother had included the house in her will, it's not effective until she passes, so your interest would be contingent on (a) the will not being changed and (b) your mother's death.  

Frankly, given the friction displayed, I doubt that any attorney would for pay or voluntarily take a case like this.    Attorneys want good, winnable cases and definitely don't want to get involved in family squabbles.  

Maybe it's time to sit down with your aunt and make peace?
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Reply to GardenArtist

If you don't have POA or guardianship for your mother and it isn't your house that was trashed, you have no legal standing in this case. Any lawsuit you'd file would be thrown out.
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Reply to MJ1929

You don't give what state your mom lives in. You don't say whose house is involved (your mother's? You say she was "placed in this home"...?) Laws differ from state to state and that's why you should at least state where this is all transpiring. Have you attempted guardianship, or is this May court appearance part of that type of effort?

You can contact your local area's Agency on Aging for resources, and search online for legal organizations who may take your case pro bono. I would not show up in court without having at least a meeting with an attorney to discuss how to go to court prepared. I wish you much success in attaining justice for your mom.
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Reply to Geaton777

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