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

If your 92-year-old mom fell at home and fractured her spine, she is right where she belongs right now. Your mom appointed your brother as her power of attorney because she trusts him.

If her POA to him allows real estate transactions, and if the title company is okay with the POA, he can sell her home. If her home is in a land trust and a letter of direction is signed by the trustee or trustee's power of attorney, he can sell her home.

You alone are not capable of caring for someone around the clock. It took her to fall for your brother to realize this. If you want what's best for your mom, step back and cooperate.

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.

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.

Is the house being sold to pay for her care or do you suspect he is intending to use the money for personal gain. If she is mentally competent this would be illegal. A POA is to be used when the person who granted the POA can no longer make decisions as to their own affairs. If she at some point agrees and signs the necessary documents I don't think you could stop the sale from proceeding.

I have cooperated, I have not, nor will I, interfered in any part of this, I just want to make sure that my mother is not done wrong. Her (and my father's) intention was for my brother and I to share everything that they had, I have been pushed out of that, I am not allowed to be able to even voice my opinion on her care. Thank you all for your answers, they have helped me very much. I just worry about her, she has always been there for me and it is hard to see her in a place she hates to be. I will step back and let them do what is right. Thank you.

I agree with Maggie. Sometimes we have to set our emotions aside and decide where our loved one will get the best care. If your mother was not going to return home, selling the house was wise. It will prevent having to pay utilities, taxes, insurance and maintenance on a house that will not be used.

Things with older people can change in the blink of an eye. I don't know the specifics here, but suspect that your brother did what he felt best. You are not cut off from your mother. You can still visit her in her new home and try to make it as home-like for her as possible. I know you will miss the old house, but things do change as our parents get older.

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.

I don't know the laws in your state, but if she allows him to act as her POA and he does, who will question it. Whoever the real estate closing attorney is should ensure the proper signatures are gained. The title insurance company should ensure that, but what I would be concerned about is whether she is relying on Medicaid for her nursing home care. If so, she may be allowed her house, but if it's sold and there are proceeds are over $2000.00, she may face an issue. If this is an issue, I would warn brother about this. Also, as POA, brother has a legal duty to act in her best interest. Converting assets in anyway that is not for her interests is not allowed. He could get into big trouble. Is this sale due to an attempt to spend down her assets for the nursing home? Perhaps, others who have dealt with this can offer you some information. It might help you state what her financial situation is, so they know where you are coming from.

No, the house is not being sold to pay for her care, I am not sure what he intends to do with the money. My brother and his wife have completely taken over everything, I was at her house taking care of her (she is 92 but very sharp) around the clock every day. She fell and fractured her spine and was put into skilled living, her second day there his wife authorized her to be put into the nursing home and on that day they told her they decided her house should be sold. I was told by him that evening. I begged for him to allow her to come home and I would take care of her around the clock, he said he wanted it sold. I have been cut out of all decisions.

Her financial situation is very good, she has more than enough to take care of any living situation for quite a while.