Can the POA (my brother) sell our Mother's house, she has not signed anything?

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My mother is of sound mind, sharp as a tack but will agree with anything my brother suggests. He put her into a nursing home and now is selling her house. He has an offer on the house, she has not seen the offer, but he is going to sell it, she has not signed any of the paperwork. Is it legal for him to be able to sell her house, sign it away?

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I am sorry, only ONE has the Durable. Only ONE can.
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My children have a Durable POA in the Trust and POUR OVER WILL, but it does not take place until I state in writing or my attorney does that I am no longer able to care for myself or my affairs. MY POA is not worth anything at this time. I am still of sound mind and am only doing this in the case that I have a stroke or an accident that leaves me unable to care or make decisions for myself.
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What do you mean nothing has been signed? Did I read that right? If he has a POA, is it DURABLE? But, if she has not signed a POA, I would question what he is doing.
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An elder who fell & fractured her spine & requires skilled care, needs to be in a facility. She cannot return to her home to live as she did. Is she bedfast? If so, this is a very time consuming & expensive level of care. If she is talking about people "stealing" from her, she likely has dementia as well.

Momma - please re-read Maggie's & JessieBelle spot-on posts.

About selling the house, brother probably quickly realized that mom not ever going home. He was not interested in spending $ & time each month to maintain property as DPOA this is within his responsibility. You have your own home, so not a factor in this. Brother made a desisive action to cut losses from the start. He sounds very pragmatic. If house sold quickly, I'd bet it was priced to sell.

What does this facility cost? 10K? 14K? Private pay costs for NH easily 100K a year. If mom was in good health (even with early dementia) before the fall, & gets great care, she could go a couple of years even if bedfast.....costs will add up. If you were involved in moms life, you should have a firm $ on her assets, income and then add in the amount of the house sale...how much does it add up to? ask the facility what their rates are. Then do the math.

About the 2nd day & your SIL authorizing placement...what probably happened is that the first day mom was given a care plan evaluation that determined she needed 24/7 skilled care. Your brother as DPOA was told this and his wife was there to help him get whatever done.
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What has your conversation with your brother been? Has he been forthcoming about his plans?

You will not be able to get guardianship if your mom is still competent. However, if your mother wishes to chsnge her poa to you, she can do that.

I suspect that there's something missing, and that's a conversation berween you, your brother and mom's doctors. People can be "sharp as a tack" and still have dementia, i.e., not be able to reason sny longer. The fact that your mom agrees with whoever is in the room is a clue to that. I encourage you you to start a nonadversarial conversation with your brother about what is best for your mom.

I applaud your positive attitude of "always room for one more", but i think that you need to closely examine what mom's needs are at this time and what they are likely to be in the future. Just to note, your sister in law would not be able to "sign mom up" for long term nh care if she wasn't medically in need of that, at least not where I live.
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Thank you engineersrus! I will look into the Guardianship today! Unfortunately her house has already been sold but there is always room for one more at my house. I really appreciate your help.
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If she is able to live at home and wants to stay with you in her own home, then set up a hearing to get a temporary Guardianship. If all works well, then it wont be hard to have it become permanent, assuming you are up for this and she wants to live with you. The Judge will certainly ask.
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some poa's have the mistaken idea that they are able to take charge of everything right away and do. its a really big misconception. that happens when they are deemed incompetent or it is clear that they are unable to make their own decisions. ive seen some bad ones. the problem is they convince that person they have legal authority to take over every aspect of their life because someone signed a form to have someone make decisions if and when they actually become too ill to continue to decide for themself. Sad that the POA is supposed to be waiting in the wings to protect them, when they often take advantage and take over with little resistance from anyone. often there is some resistance from their loved one at the beginning, but older people only put up a fight for so long before they give in. it takes a lot of mental energy to fight someone a lot younger and stronger. Ive seen horrible abuse of power of attorney. unfortunately, they usually become convinced that the poa can do whatever they want, when they cannot. yes, it can be written to make it provide more control than it should, but if there is a concern i would step in before it gets worse and file for Guardianship. That way there is an opportunity to see what has been happening as you would then be in charge legally. Fortunately for people who want to protect their parents from an unscrupulous relative, Guardianship will do the trick. In America, its disgusting the number of people who send their family members to Nursing Homes when they could be cared at home. It is a national disgrace. God bless anyone who loves their parents enough to fight this travesty.
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Thank you! I will most definately check into all of that. I just want what is best for my mother. I appreciate all of you with your quick answers, most certainly have some things to check out now. Again, thank you!
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Momma5. In some states, if you operating as a POA, you are required to file it with the Register of Deeds, clerk of court, or something similar. And you may be required to file an accounting with the clerk of court to show all transaction with the person's assets, including bank statements, checks, receipts, etc. You might check to see if that has to be done in your state. Also, some Power of Attorney documents have a provision that says the person acting as POA does NOT have to file an annual accounting with the clerk. Still, it might help you feel better if you are assured that he is accountable for his handling of her assets.
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