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Mom was not coherent to know what she signed. I moved in with my mom after my ex left me. I had to move in with mom and took care of her prior and during my staying with her. The POA is invalid just have to prove it with an attorney. They told me that I had to pay rent to them in which I did for 3 months and then stopped after I was advised they can not profit off me because they have POA. They are threatening me and say they will evict me out of mom's house. They also expressed they want their daughter to live in the house. Can they evict me and if so what are my rights?

Lawyer NOW.
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Reply to Cherrysoda
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I would get a lawyer fast. If they have POA who knows what other documents have been changed. My sibling did this to me & had mom's trust changed to just him & his kids removing me & my boys completely
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This kind of thing makes me very grateful my mom established a trust years ago. All of her properties (3 houses) are in it, as well as her stocks, bonds, etc. The trustee has her POA and is not a family member. Before and after she made her will, whenever I took her to her primary care doctor, I asked him to do a mini mental status exam. She asked me why and I told her it was because I didn't want anyone questioning whether she was competent when she made the will, just a little extra insurance that her wishes will be carried out. If I were in your shoes, I would retain an elder law attorney. If money is an issue, you may contact a local legal aid society, Office of the Aging, or a nearby college of law. I would not stand for SIL running the show. My sister's husband is going through that now with his mother - his BIL is trying to take over all the decisions for his mother, medical and financial, and he isn't even her blood relative!
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Jada824 Mar 16, 2019
My mom had a trust in place from 2000 but sibling still had it changed in 2017 while she wasn't capable of knowing what she was signing & couldn't see to read anymore.
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I’m sorry that you’re in this predicament, however, depending on how the POA was written, it very well could be within the POA’s authority to charge rent. My brother & I are POA over my mom, and it gives us very broad powers. Legally we could have rented her house out, with the income going to pay the taxes, insurance, upkeep & of course whatever was left going to our Mom. Even if a home is owned free & clear these things still have to be paid for. Are you also sure that the proceeds she’s getting from selling your mom’s things are not being put in an account for your mom?
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cassidyR Feb 20, 2019
The house payment is still being deducted from moms account. They were collecting the rent for profit not for moms well-being. She even admitted to me in a text message. No where in a POA allows someone to collect rent on a home that is owned by principle and the balance being paid from her account. The house is not free and clear, it has a mortgage on it still. It is willed to me and my daughter and we want to protect the home before they allow it to be trashed. You can not profit from the principles assets with a POA. This isn't about the rent anymore the question was about evicting me for there own profit.
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My mom is in a home not with my consent rather the POA had her put in a home. Once they did that they told me that I had to pay them rent and they were holding the money in case the mortgage company needed it. Upon that revelation I contacted a head of Area of Aging and they advised me to stop paying rent that is not a requirement of the Powers of Attorney. That is considered capitalizing on the POA and abuse of the POA. They (POA) wants her daughter to move into my moms house so she can live rent free, but she lives like a (hoareder) and my childhood home will never be the same. I am in the process of looking for a home but in the meantime I don't want to be evicted. I am afraid they will either have her move in or rent it out themselves. I took care of my mom since 2008 driving her to groceries, paid her bills, cleaned her house and laundry and taking her to dinners. I seen her going down and then after my ex left I left the home to move in and take care of her, as soon as I did my sister in law had her sign papers when I or any family member's were not present. After mom left she came in the house and took things of monetary value and had her van title switched over title (filed a lost title) to her husbands (my brothers name) and they sold it for profit. She took so many things out of the house to sell and set up a booth at a local flea market and sells on sites. She has stole her jewelry and many other possessions. At this point I don't care about the things she sold anymore I care about the principle and her trying to evict me (at least she threatened me) I have a son here in the house and don.t want them to evict me until I can get approved for a loan.
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Just off the top of my head. I would first go to your mom's Dr who dx her with dementia or whatever it was and have him/she write a letter stating that she was dx with dementia on such date ( the real date) of dx, furthermore, that you (your name) company mom to all Dr appts, see over her care. Plus, if she is competent or incompetent. Have you kept a log book about what you do for mom and when, if not, start one...asap!

Next, I would find an Elderly lawyer and explain the situation and showed him/her the letter from the Dr, and if need I would call APS and see what serves they offer that could help you. Also call a lawyer who handles evictions. With this Lawyer you can get some answers over the phone for free most of the time!

Start doing these things now and don't tell anybody what you are doing. Let them think whatever at this time. Once you know where you stand than tell them.

Are you able to talk to your mom about this? If so, have her get a new POA, if not, do the above things.

If I come up with anything else I'll post it to you.

Keep us posted.
Good Luck!
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Reply to Shell38314
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cassidyR Feb 19, 2019
Thank you for your response. My sister in law put my mom in a home after she became the POA and has all the information. I can get any information on my mom at the doctors ofc due to HIPPA. The POA can get medical and financial information but its not been shared or shown to me (POA).
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They = your brother and SIL, does it?

Your mother has dementia and lives in her own home.

You have been living with her for ? how long, since you split up with your partner.

You have been helping her with ?what kind of thing for ?how long?

Your brother and SIL, meanwhile, after your mother's dementia diagnosis, arranged for her to create a power of attorney and to give that POA to them. The dementia diagnosis does not in itself mean that the POA must be invalid. You would have to prove that your mother was unable to understand what she was doing at the time when she did it. How will you do that?

The POAs told you that you would have to pay rent as long as you lived in your mother's house. The rent would go to them, because they were acting on your mother's behalf with POA. The rent, all the same, was thereby paid to your mother, not to the POAs; unless you can also prove that they were stealing it.

They now want you out of the house; and their plan is that their daughter will move in with her grandmother and provide live-in care.

How is your mother coping in the middle of all this conflict? What would you see as the best way to ensure her welfare?
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cassidyR Feb 19, 2019
My mom is no longer home they put her in a nursing home. My mom is not coherent due to dementia and she doesn't know about all this going on. she never liked my sister in law so all this is spiteful I'm sure. The rent was going into there pocket along with all the assets like my moms van that was free and clear and they (POA) my sister in law and my bother filed a loss title and transferred into there name and sold it for profit. Took moms jewelry and many items of value out of the home when I was not home and kept it. Opened a flea market space to sell it. At this point they are threatening to evict me to either one rent to daughter or rent to someone who they will profit off of. Not to mention my mom had dementia and when she signed the POA she was already diagnosed. So the POA that was notarized by her friend could be falsified. ( I can not prove without an attny)
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