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My brother who lives 8hrs away is POA over our mother. She was living in her home that she owns when her medications got changed and caused her to hallucinate. My brother POA come down and put her in a assisted living facility since she was hallucinating for them to get her meds straightened out. Her meds are fixed and she is doing great but still there. Since then the POA has put our mothers home up for sale to pay for her to stay at the assisted living facility and took nice things of my mom's belongings out of her home as well. My mom was not aware of her house being sold and when I told her she said "it better not be, he can't do that I'm not dead yet". I recently lost my job and started staying in the sunroom that is attached to my mom's house. She told me I was welcome to stay there anytime. I have been keeping her yard manicured and fixing things around her house. The realtor my brother POA hired said he can't sell the house because I was staying in the sunroom and the contract states no one is living there. My brother calls me and tells me I had to leave or he was sending the sheriff to my mom's to remove me. Me and my mom have always had a good relationship and I lived close by her so I'm always the one who checked on her and done things for her. There is no legal document or court order stating I cannot be on her property or cannot stay there temporarily. My mom is aware of what is going on now and has a sane sound mind. She would never tell me I couldn't stay in her home where I lived as a kid. I respect my mom's home and belongings and would not ever take anything from her or have company at her house. Does my brother POA have the legal right to force me off my mom's property? Doesn't she still have a right to make decisions?

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Yes, if Mom has not be diagnosed as having Dementia and has been declared incompetent than the POA is not in effect. Mom can stop the sale. If I was Mom, I would have his POA revoked and someone else assigned. This is all if she is of sound mind. Your brother overstepped his responsibilities.
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Reply to JoAnn29
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SHE gave the POA to your brother.
IF she is of “sound mind” she can take it back, and offer it to someone else.
You need to get a lawyer involved, and you need to have an assessment of her current cognitive functioning AND a written report stating that she is capable of managing her own affairs.
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Reply to AnnReid
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It depends how the POA is worded. If she is of sound mind she can change the POA.. but good luck with this,
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Reply to pamzimmrrt
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