My sister (in CO) and a friend (in WI) co-own a house in WI. Does one POA supercede the other for handling house affairs? - AgingCare.com

My sister (in CO) and a friend (in WI) co-own a house in WI. Does one POA supercede the other for handling house affairs?

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We who reside in CO went back to WI to clean out my sister's (age 85) room in the jointly owned house (now occupied by the co-owner's sister while co-owner - age 77- is in hospital). We were told that we had no rights, that her POA superseded ours; that even though we had a signed consent by my sister, we could not stay there; we were not entitled to a house key; we had 24 hours to move my sister's belongings out. Since my sister moved to Colorado, she absolutely had no rights - the house has been co-owned for 33 years, and we brought her out here for rehab and to live in assisted living.

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JK, my thoughts were as those of FF and JoAnn. Your attorney can obtain a copy of the deed to determine how title was obtained, and how it's still held. He/she can also team up with a CO attorney to help with local issues.

This sounds like the surface of a complicated situation, so I'm glad that you've already obtained an attorney as I suspect the sister's family denying rights is going to create a ruckus that will require legal if not law enforcement assistance.

JoAnn's query about any contractual arrangement is a critical one, as it seems as though your sister was contributing a greater portion of maintenance than the friend. I'm also getting the suspicion that the "friend" was exploiting the situation, at perhaps some level of elder abuse.

Were you able to get your sister's possessions?

If not, another thought is to ask your attorney to explore the issue of an injunction or temporary restraining order to prevent the nasty person in the house from disposing of any assets or possessions of your sister.

Good luck.
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Reply to GardenArtist
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Thank you freqflyer, We now have an attorney in Wi, who will pursue everything - there are many other things that the co-owner's sister has done 'illegally'! (one would not believe!!!)
And JoAnn, my sister has paid all of the bills and taxes for at least 10 years (that we can prove ) ...The co-owner "did the upkeep of the house and bought most of the groceries" - not very equal...!!! No agreement made in the event of not returning, Again, there is much more to this story...unfortunately...
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Reply to jkmerriman
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Sisters POA is for her sister, not yours. She handles her sisters finances you handle your sisters. Like said, if ur Sister is on the deed, she is entitled to half of the house. The other lady can buy her out or sell the house. Just a question, did ur Sister still help with bills and taxes? What kind of agreement was made between her and the other co owner when it looked like she wasn't returning ?
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Reply to JoAnn29
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jkmerriman, time to make an appointment with an "Elder Law Attorney" to straighten out this issue. You would need a Wisconsin attorney, unless you can find an Attorney in Colorado who is also licensed in WI, chances are that would be far and between between.

If your sister is co-owner of a house [name is on the Deed along with the co-owner], then your sister owns half the house. Your sister does have rights. Sounds like the other co-owner's sister doesn't understand the legality of this. The co-owner's sister's shouldn't even be using the Power of Attorney unless her sister is unable to think for herself anymore.

If the co-owner's sister doesn't want your sister to be part of the house, then the family should buy out your sister's share, which would be half of the equity in the house at today's value, via a licensed Appraiser's findings. Same if the house is later sold.
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