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Her mother, my aunt, lives in the same town my mom and I live. Her mom is 97 years old. She has just left her care up to my mom and I for the last 8 years, and maybe 4 phone calls to her mom. Her mom is in a nursing home. We still care for her. Is this considered neglect or abandonment in the state of Texas? The cousin is wanting all of the sudden, money from sale of house, which is not happening.

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Money from the sale of your aunt’s house should go toward her care. Do either of you have Power of Attorney for your aunt? Who is handling her finances now? Are you on her accounts? Do you have a caregiver agreement with your aunt? Your cousin is not entitled to anything unless your aunt specifically stated and put into writing that she receives the proceeds from the sale of the house. Consult an attorney to find out how to protect your aunt’s resources.
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Everything you have said has been done. We have power, she now has severe dementia and she is on Medicaid. Attorney was consulted. Just not wanting to pay legal fees for 1 question...and that was about abandonment. Who would have taken care of her had my 91 year old mother and I were not here. Her daughter still would not. Her daughter came a couple of weeks ago and saw her for the first time in 8 years. When she left, she said, see ya in 3 years...at her 100th Birthday!
She wanted to sell the run down house and get stuff out while here. She obviously was denied. She keeps asking for things (money hungry). I thought I might be able to stop all the nonsense by telling her there were abandonment laws.
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It sounds like you’ve got all your ducks in a row, so to speak. A ,lot of Attorneys don’t charge for a simple question. I don’t think her daughter could be charged with abandonment, abuse or neglect since she was not officially ever her mother’s caregiver. She broke no contracts of caregiving. Karma will visit her one day.
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The house hasn't been sold? It has to be sold for Market Value. Once sold, it goes towards your Aunts care. Medicaid will stop and you will have to spend down again and refile for Medicaid. She cannot sell the house and run off with the money. The house is not hers, its Moms. If the house does not sell before Aunts passing, Medicaid will put a lean on it and that lean will need to be satisfied at time of sale. Depending on how long Aunt has been on Medicaid, there may not be any proceeds. The cousin is legally not entitled to anything of Moms till her death. Hopefully Aunt has a will. If cousin is beneficiary she will get what is left over once debts are paid. Just thought, who is keeping Aunts taxes paid and house up because if on Medicaid it can't be her money. If you are doing it, you may need to put a lean on the house so u get ur money back. Me, I let the taxes go on Moms house. So, they will also need to be paid at time of sale.
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No, it's not abandonment.
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