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The mom died this morning. Son has POA. He wants to sell the house, keep the money, put dad in a nursing home and then not pay for it. Can he do this?

So sorry for your loss.

Call an elder attorney and get advice about how to handle this situation with your brother.

Does your father have all of his facilities? Any dementia or other symptoms of cognitive decline?

It’s so sad when there is friction between siblings. I dealt with friction too. It’s terribly difficult and frustrating.

Wishing you peace during this disturbing time.
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Reply to NeedHelpWithMom
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POA expires with the person it's for. So the mother's son's power of attorney no longer gives him any authority to do anything with her property - it's waste paper.

If the son also has POA for the father - does he? - then it depends on what type of POA it is and on what it says in the documentation. He MAY have the power to sell property, he MAY have the power to have his father admitted to a nursing home. He will not have any legal power to keep his father's money, if by that you mean to keep it for himself, and he will not legally be able to have his father admitted to a nursing home and then not use his father's money to pay for his father's bills.

In fact, that is exactly the sort of semi-fraudulent and wholly abusive behaviour that the Filial Responsibility Laws target. Not to mention APS.

Are these people related to you? Do you have any input and/or influence?
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Reply to Countrymouse
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Sorry for your loss. When we die the POA dies with us. It is a useless document with which nothing can be done in so far as the Mother is concerned. The power now moves to the Executor of the will for the Mother. The POA cannot sell the house or do anything else as regards the MOM.
HOWEVER, if the son also has POA for the Dad, and the Dad is incompetent to act in his own behalf, then the son can sell the house if his POA is well written. The proceeds of the sale of the house, if it belongs to the dad, belong to the Dad, and will go to pay his bills. It is imperative that the Financial POA keep meticulous records of his expenditures for the person he is agent for.
If you see indications that the house was sold and the money kept by the son in his personal accounts you will need to go to a lawyer with EVIDENCE of this fraud. You may also want to report the son to APS if you suspect there is Financial abuse happening.
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Reply to AlvaDeer
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