Can you explain a little more? Your profile says Dad is in a care center, with cancer. How long has he been there? Are you living in his home? Were you living there and caring for him before he went into the care center?
Is Dad in his right mind? You do not mention dementia.
Does Dad want you out of his house?
Please provide a little more of the story, so we can respond with specific advise or comments.
he has been there a little over 6 months. I am living in his home and have been there for 6+ yrs 4 taking care of him after a bout with b Bells palsy. He scored 12 out of 15 on a mental competency test recently. My brother says he has dementia but me and my family/nurses dont think that has been confirmed. My father definitely does not want me out of his house. My brother wants to sell it and has filed an eviction motion. I have till tomorrow morning to issue a statement or Im in default.....
More info on the details involved may be helpful in getting the best responses. I am assuming your brother went to the NH your father is in and talked him into putting him as POA over you? Did he have an attorney come to the NH to get all this authorized? Unfortunately, this can be done legally when the patient is of sound mind...not mentally incapacitated due to dementia or mental illnesses.
I only know of 2 things you can do:...1) go back the NH your father is in, talk him into putting you back on as POA and have an attorney available to draw up the paperwork...the problem with doing it this way, is your brother can come in and reverse it again. 2) you can see an elder law attorney and file for conservatorship/guardianship which requires going to court.
Again more is needed such as why did your brother do this...not happy with how you are handling things, greed, he is after money? Good luck to you and I hope you post more info for us to help you!
Here's the deal: If Dad is incompetent to make his own decision, then he was incompetent to appoint your brother POA. And if he is competent that whether you stay in the house or not is his decision, not your brother's. Your brother can't have it both ways.
Write your statement explaining that your brother's authority to act on the house owner's behalf is under question, and it may take some time to resolve this. You do not believe that the owner, your father, wants you to leave.
Then consult an attorney who specializes in Elder Law, explain what is going on, and get advice on how you should proceed. Yes, you will have to pay for this, but compared to losing your stake in the house, it is a necessary expense.
Is your father on Medicaid, or has he/will he be applying for it?
What has your relationship with your brother been like up to this point?
Thank you so much! My father has no recollection of signing over POA. I live 3 hrs away in another state so this has been very hard. I have consulted with an elder law atty and he stated I need to reassign POA and bring him to a NH here in my/our home state and apply for Guardianship. The problem is im low on $$ and my brother is planning to move him to another home in the next 3 days. I afraid I will not be able to find my father and Im kinda freaking out. my relationship with my brother has never been good. He has always tried to control situtations. He will not sit down with my dad and discuss anything he just makes decisions and gives out very little info
My dad wants to transfer to our home state and I have talked to a NH here but they say they need DRs orders. It is so close to the holidays my window of opportunity is running out...
You need to do everything you can to resolve this, for your sake and for your father's. If that includes driving 3 hours each way, so be it. Did your attorney give you specific instructions on what to do to get the POA assigned to you? Such as getting signature notarized, etc.?
Is Dad in his right mind? You do not mention dementia.
Does Dad want you out of his house?
Please provide a little more of the story, so we can respond with specific advise or comments.
Bells palsy. He scored 12 out of 15 on a mental competency test recently. My brother says he has dementia but me and my family/nurses dont think that has been confirmed. My father definitely does not want me out of his house. My brother wants to sell it and has filed an eviction motion. I have till tomorrow morning to issue a statement or Im in default.....
Unfortunately, this can be done legally when the patient is of sound mind...not mentally incapacitated due to dementia or mental illnesses.
I only know of 2 things you can do:...1) go back the NH your father is in, talk him into putting you back on as POA and have an attorney available to draw up the paperwork...the problem with doing it this way, is your brother can come in and reverse it again. 2) you can see an elder law attorney and file for conservatorship/guardianship which requires going to court.
Again more is needed such as why did your brother do this...not happy with how you are handling things, greed, he is after money? Good luck to you and I hope you post more info for us to help you!
Write your statement explaining that your brother's authority to act on the house owner's behalf is under question, and it may take some time to resolve this. You do not believe that the owner, your father, wants you to leave.
Then consult an attorney who specializes in Elder Law, explain what is going on, and get advice on how you should proceed. Yes, you will have to pay for this, but compared to losing your stake in the house, it is a necessary expense.
Is your father on Medicaid, or has he/will he be applying for it?
What has your relationship with your brother been like up to this point?
What about Medicare? Is Dad on it?
I meant to ask about MedicAID.