Have been Mother's caregiver since 6/2014. Sister has POA. Will place her in a facility. Do I have residency rights in home afterwards?

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I moved to Alabama from New York in June of 2014 to care for my elderly parents. My father died in July of 2015. I have continued to care for my elderly mother. My sister has power of attorney and intends to place my mother in a skilled nursing facility this winter. Her expenses will be covered by Medicare and private insurance. My question: Do I have any residency rights in her home, once she is placed in the facility? Or can my sister sell my mother's home and force me out?

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HSB, the Personal Representative carries out the instructions and wishes of the individual(s) who made the will, manages and settles the estate, deals with creditors (if any), accounts for the assets, and literally winds up the tangible aspects of the deceased individual.

Someone named as proxy in a durable power of attorney has the powers only as stated in the enabling document.
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The experience I have had is dealing w/hsb sense of privacy and his not hearing what ws kidas said when I took him w/me to Aging & Adult Care agency, after having the State furnish house cleaning for a yr. & knowing he is not ready to move--His kids come 2times a yr to do yard work &talk w/him. Doeshe hear them.----I
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What does the personal Representative do, now, that there is no POA? is the same person that is POA, also persodnal rep. Sounds like both of you need to go together to see a lawyer. So
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Silverstar, your sister's authority under a DPOA ends on the death of your mother. At that time, the Personal Representative, or the Executor/Executrix as it was formerly known, handles what estate exists at that time.
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As POA, she could also rent the house to you for a fair market price or you can buy it yourself with an agreed, legal payment plan drawn up by an attorney.
The seller can hold the mortgage and the payments go to the patient's care.
Would that be possible?
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It would be unwise to dump any money into a house that is a fixer-upper. Sell it for the land. If it's a particularly nice lot, big lot, or in a sought after location then it will sell quickly and the money will help pay for your mother's care. You need to start moving on with your life now. Whether that's in Alabama, New York, or a new place altogether is a big decision. Your sister is planning for your mother but you have to plan for yourself and you cannot count on there being any money left. I feel badly for you that you are in this situation but now is the time to reinvent yourself. Downsize. Simplify. Be frugal. Watch your pennies and the pounds will take care of themselves. Do whatever it takes to come out on the other side of this and you will feel very proud of yourself indeed. I wish you lots of luck and hope that you have friends who will help you find wisdom.
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Mom has $1600/month in social security. She has a pension of $950/mo. She also has private long term care insurance that will pay $80 per day indefinitely after the first 100 days in a skilled nursing facility. She has savings and investments of about $50,000 (not including the house). She has Medicare that will cover doctors, hospitalization and prescriptions at a cost of $32/mo. She will also receive some VA benefits from my father's service. The monthly cost of the facility will be $3900 or $130 per day. According to my calculations, she has plenty of income to cover her costs in the facility. My parent's will states that all property will be divided evenly between me and my sister. But my sister has POA, so the final decisions are hers. I have been told by a local attorney that this situation is a grey area of the law. She can sell the house and evict me, but all profits from the sale must be sequestered to pay for Mom's expenses. But Mom's expenses will already be met without selling the house. As POA, my sister must managed the estate and see that all property is "share and share alike" as the will states. I am part of the estate and can challenge her decisions if I feel she is not dealing fairly with Mom or myself. But I would hate to do that because it would destroy what is left of the family. Mom is 90 and has dementia, but a strong heart, so she could live for many years. Our house is old and will require a lot of TLC to get it into shape for a sale. Plus, home sales are very competitive in this area and I am not sure if the house will sell given it's problems and age - unless the price is very low. This all seems unfair to me. She can sell the house for a low price, sequester the money and I won't see a dime of it until my mother dies. It's complicated. Thank you all for your comments.
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Sorry to keep popping back in. I just re-read your question. Medicare will not pay for long-term care. Most insurance will also not cover it. Long-term care insurance will and Medicaid will. Does your mother have either one of these? If she has Medicaid, it is a total different set of rules. If you are able to pay the cost of upkeep, insurance, etc., for the house, there would be no benefit of you moving. Tell us a bit more.
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Silverstar, so sorry for the passing of your father.

What agreement did you draw up with your Mom and/or your sister prior to moving to Alabama? If the agreement says you can continue to live in the house for a certain number of months after Mom moves to skill nursing, then there shouldn't be an issue.

If there is no agreement, sorry, but the house can be sold to use to help pay for the care of your Mother after the Long Term Care insurance runs out [Medicare is limited on what it will pay after 20 days and up to I think 100 days]. Or could you possibly pay rent while living there, then that money would go for the upkeep of the house, taxes, homeowners insurance, repairs/replacements, and some would go for your Mother.
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I should add that if your mother is not legally competent and the POA gives your sister legal authority to dispose of property, then there is not much you can do. You will have to talk to your sister to try to work something out. Sorry you are in this position.
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