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She is currently in a nursing home. She has cancer and Hospice has taken over her care. She is bedridden, kidneys and bowel functions have stopped. She will pass very soon, few days at best. She doesn't have any assets but she has made a list, notarized by hospice, with all of her bequests. Can HUD apartment manager lock me out so that I can't distribute her bequests list? Once she passes, do they own the contents of her apartment?

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Julie - So sorry for your friend's passing. I hope the manager will be more reasonable and accommodating now that your friend is gone.

If the manager has to pay someone to come in and clear out the stuff, it will cost money, so one might think he/she would think it'd better to let you do it.
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Julie665543 Mar 2020
Icalled the office downstairs this morning and I asked her about this. We had been previously told that after my friend passed that we could have access to distribute the items to the people that she wanted them to go to. Her reply today was "soon as we hear back from the attorney". Well I have a good friend of our family that just happens to be a detective in our small city. According to him, the law gives them 72 hours to release the apartment contents. If not, it's felony theft. I can file charges over the weekend if I so choose. I honestly haven't made up my mind. They will lock us out until her rent is due for another month, and keep her deposit instead. Very cold, crooked and just not people that I want to be around. So I have decided to move. Losing my friend has just really messed me up in my head. I truly just wanted them to be right by the folks that live here. I just can't watch this any longer. It hurts my heart that they are treating my friends possessions like this. Thank you for inquiring about us. I am very grateful for folks like y'all asking about us and how we are doing. 💕
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I don’t think you have any rights to enter that apartment until your friend passes away. Borrowed items or not.
Really, what do you expect HUD to do for you? Send an agent to investigate?
A waste of resources in the middle of a pandemic.
I believe the President & the Covid 19 task force and state governors have signed emergency orders to cease any evictions, and not to shut off power and electricity to any American during this pandemic.
So what’s the rush?
That is still your friend’s apartment, she is still alive and thus her landlord is now the “steward” of that apartment and the property in it.
Reverse roles for a moment. Aren’t you pleased your mgmt company may fight for your rights too if you were in hospice?
Is it so important you get in there and why do you expect to be allowed in?
Respectfully I agree with the landlord.
This is not for HUD to fix.
Just the thought of people rummaging through a hospice patient’s apartment without her or next of kin is creepy.
The renter gets a voucher to pay for usually 70% of the rent depending on her income. The voucher goes to the landlord will get paid by the government.
Are you her Executor as well?
Work with the building management and if they say no, I would stay the heck out of there. If this doesn’t work for you hire an attorney & get access legally for all involved.
Patience may work here. Good luck.
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I don’t think a HCPOA gives you any legal standing to enter her apartment though. That’s what you say you have it. That document allows you to make medical decisions only. You don’t have authorization to enter her apartment and remove her belongings.
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I would think that if her rent is paid and up to date the manager can not lock you, or anyone that has permission to enter out of the apartment.
IF the rent is late they do have the right to begin eviction process and I would imagine preventing you or anyone else from removing what might be "of value" so they can recoup the rent might be legal.
If the Nursing home, or better yet the Social Worker from Hospice might be able to help out in this situation. Contact one or both and see if they can "work some magic"
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worriedinCali Mar 2020
The landlord certainly can lock OP out. OP has no legal standing even if the rent is paid up.
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HUD was VERY rude to me when I talk to them today. Basically she said that it's not a HUD issue and we should get an attorney. Makes me totally LAUGH OUT LOUD!!!!!
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I'm sorry you are going through this. It sounds like you will get access to the things once your friend has passed away. Were you hoping to clear the apartment of her belongings so it was free to be rented again? Maybe if you explained that to management, they would cooperate by letting you have access.

Usually, when someone dies, their family is responsible to clear out their apartment. The lease should specify what will happen to items left behind.

The items do not become the property of the landlord. Try not to worry.
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Julie665543 Mar 2020
Thank you so very much for your reply. We have no intention to remove her personal items eventhough she asked for us to do it in front of the hospice personnel that were with her before she went to the hospital. All of this since last Friday a week ago. My lift chair is in the apartment and I really do need it. I let her use it because I felt that she needed it more than I did at the time. We are going to have to wait and see. Thank you!
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She has made a list of things to be distributed AFTER she dies.

Has the manager told you that he intends to take her things once she has passed? Is there a reason you dont trust her/him?
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Julie665543 Mar 2020
We absolutely don't trust management here due to personal experiences and the experiences of other residents. This is a senior retirement community. Alot of people, like me, are disabled. Initially we got a thumbs up, to remove the items from my dear friends apartment, that belonged to other residents. Things loaned to her, things she borrowed, etc. My bff, since 1978, has the POAHC and the POALEGAL. These forms of paperwork were requested by Hospice, who notarized them in front of our friend that is dying. We didn't start out doing anything wrong, we let our office know what we needed to do and why. We started to get items to their owners and Friday afternoon, when we went to get some more items, the locks had been changed. Very sneaky and contradictory to what we have been told that we could do for the last week.
If anyone knows what we should do, short of not paying an attorney, we would love some input. I have left a message with HUD at the state level. We are just very hurt that we are "not allowed" to carry out the wishes of our dear friend. We have also been told that the owner of the building said that we can't remove anything until she passes. This could easily be when another month of rent is due and he can keep her deposit for rent. Please believe that the owner cares not about anything but money from this building. Right now we are just waiting, calling the nursing home to see how she is doing. Can't visit as the building is quarantined. Any ideas, suggestions or legal knowledge would be appreciated more than you could ever know.
Thank you!
Julie Young
Waterloo, Iowa
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Call HUD to discuss this.
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Julie665543 Mar 2020
Yes I have a call into HUD that covers the State of Iowa. Hopefully I will get a response on Monday. Thank you for your reply.
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