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I have been my dads caretaker and I have POA and have lived with him for almost 10 years. My siblings say if my dad goes into long term nursing care, they want me out of the house and to not continue living there. He still has a good mind, but I don't want him to know how my siblings are treating me. I'm not sure what to do here. My boyfriend has helped me with my dad also and lives her with us and we are both disabled.

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Transfer of a home to a child with a disability is not considered divestment if the child is permanently and totally disabled. The "permanently and totally disabled" determination must be made by the Social Security Administration. There might be some difficulty in proving that a person who has been a caretaker for their parent is also permanently and totally disabled. As indicated above, another possibility would be the caregiver child exemption. This has its own rules.

It appears that you have a good relationship with your father. You might need to tell him what your siblings have said to you. It will be easier to transfer the home to you now, while his mind is good. You would not be able to make the transfer with the POA; that would be considered "self-dealing."
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Reply to Rosered6
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As a few people mentioned, can you afford to pay the costs associated with the house (property taxes, utilities, upkeep, insurance)? If your father does move into a long-term care facility, he should be paying for the long-term care facility, and whoever is living in the house should take over the costs of the house. If your father's only asset is the house, and the choices are "sell the house and use the proceeds to pay for long-term care" or "don't sell the house, let you stay in it, and your siblings have to pay for long-term care," I can understand why your siblings are pushing for selling the house.
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Reply to Rosered6
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JoAnn29 Jul 13, 2025
Children never have to pay for longterm care. If the parent has no money, Medicaid is applied for. Being a disabled child and the home being her residence, Medicaid may allow her to stay if she can cover the bills. With Medicaid, a house is an exempt asset.
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Thank you. And yes. Not only have I lived with him and cared for him, I also am disabled. yes, you read that right. I have 3 other siblings and I am the one caring for my dad full time and I am disabled. I appreciate all your advice. My dad is currently able to make his own decisions. I would hate to have to go to him and tell him what his other siblings are trying to do, but I guess I may have to. Thank you.
I am aware that Medicaid can force the sell and I may have to leave, that's not a problem with me because it is what it is. But for my siblings to just say they want me out of the house because he went into a nursing home is just unfathomable. They have no control unless something should happen to me that I cannot continue to be POA, then it goes to my sister. That's the way his will paperwork is written. Only if he passes, then the home is put in everyones name to avoid probate. I intend to fulfill his wishes no matter what.
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Reply to doglover9
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JoAnn29 Jul 13, 2025
The house is an exempt asset. It does not have to be sold. You being disabled should help in you being able to stay in the home. One of your siblings would need to get guardianship to override your POA. That is very expensive.
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Does Dad own the house, if so don't think your siblings can evict you. Not theirs till they inherit. Will Dad be going on Medicaid to help pay for his care. If so, his SS and any pension is used to offset the cost of his care.

Can you afford to pay taxes, bills and upkeep on the house? Did you care for Dad for over two years in his home and you living there with him? If so, Medicaid has a Caregiver Allowance which allows you to stay in the house. Just being a disabled child may allow u to stay in the house if its your residence.

What do your siblings think they can do, you have POA. They are not entitled to anything Dad has until he passes. If the house were to be sold, the profit has to be placed in an account for Dads care. Anything else would be gifting by Medicaid and then penalties would be given and Dad could not get Medicaid until that penalty is met. Medicaid also determines who lives in the house. It can't be rented out. Those not living in it previously may have to pay rent.

You need to talk to an elder lawyer concerning your rights. You and your siblings need to do this right or Dad will suffer. Once Dad is in care, I may change the locks. As POA you have a right to protect what is there.
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Reply to JoAnn29
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doglover9 Jul 12, 2025
Thank you. And yes. Not only have I lived with him and cared for him, I also am disabled. yes, you read that right. I have 3 other siblings and I am the one caring for my dad full time and I am disabled. I appreciate all your advice. My dad is currently able to make his own decisions. I would hate to have to go to him and tell him what his other siblings are trying to do, but I guess I may have to. Thank you.
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You are your father's POA. While Dad has a "good mind" as you describe it, his decisions are ALL HIS. If he asks you, as his POA to leave the home and sell it to provide for his care, then that is what you, as his POA does. If he says "I am not sure I am staying here; so I want to home available. I ask you as my POA to stay in it and do upkeep until I die", then that is what you do.

You are POA and Dad is of sound mind. What the siblings want is of no matter whatsoever.

When and if your father is unable to make decisions and function in his own mental status, then you make the decisions in his best interests, and YOU decide what bills to pay in what order, what to sell for his care, or keep until his death, and etc. You function as you believe he would have preferred and in his best interests to the best of your ability. And again, it doesn't matter a bit what the siblings think or want. YOU were the one chosen. Moreover, you are NOT FREE to discuss Dad's private choices and finances with your siblings. It is not their business unless Dad shares it with them. It is your Dad's business, and yours ALONE as his POA. IF the siblings object they can pay an attorney to intervene for them. So keep GOOD RECORDS of all finances.
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Reply to AlvaDeer
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Thank goodness you have POA. I urge you to have a discussion with Dad now, and let him know you would like to remain in the house. Then get all legal documents necessary to ensure that will be the case. Consult a lawyer if necessary. Don't let your siblings obtain any legal authority. I've witnessed two caretaker children become homeless because their out of state siblings had control in this type of situation. Do whatever is necessary now to ensure this won't happen to you.
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