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She has POA. She hasnt worked since, disability her and her husband now they live in his house for free, moved him to a elderly apartment, hes afraid to demand his own home, she said its my house now you signed it over to me,she has power of attorney, so she says,tried elder abuse but dad would not stand up for himself so case was dropped..frustrated....I guess a lawyer is our only option, how do we now if she has power of attorney?

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"It's my house now," says who? Her? That's easily checked out with your county assessor. There's no way to know for sure if someone has another's POA. If she is transacting business at his bank, though, that's a pretty clear indication. Banks are sticklers when POAs are presented.

If this woman has been "scheming" for ten years, then why hasn't the family become involved much sooner? I really think people need to keep in mind that your loved one may not CARE that someone is living with them rent-free. It's a symbiotic relationship that works unless they are mightily complaining about it. It doesn't appear your dad IS complaining.

It is sickening to me to read some of the posts on this forum about family cheating their supposed loved one and stealing from them and their families. I so hope there really is karma.
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Jesse, I have a hunch you are correct. I asked because it never ceases to amaze me how POA's will do anything to protect their own interests while forgetting completely about the person they are to be protecting!
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I suspect the father may have deeded the property. In many states a POA cannot deed property to themselves. Even when they can it has to be written in the POA document as a power they have, and it must be demonstrated that it was done for the benefit of the person being assisted. Otherwise it would be seen as abuse of the POA.
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Is he of sound mind? And like Jesse asked was she caring for him?

What nobody has asked is if the house transferred to her by use of the POA? Or did Dad sign? You can look up the records at the Clerk and Recorders office. Some counties have real estate transactions online.
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Another question I had, but forgot to include -- Is your father still capable of living independently? Was your SIL the caregiver, and if so, did it require a lot of work on her part?
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This is a hard situation. If he signed the house over to them, they do have the ability to put him out. It is one reason it is wise to include that the original owner has the right to live there until he dies if he chooses. Even if she doesn't have POA, if there was a valid transfer of the will and it was done when he was of sound mind, there is little that can be done. It is hard to believe that there are people who are rotten enough to do this to their parents or in-laws, but it happens.

If the property has been transferred, the best thing to do is look for reasons that the transfer was not valid. Was it done under duress? Was it the result of fraudulent promises that can be proven? I hope you can find something to undo what has been done.
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Did you check the county records, with the register of deeds or whichever department handles recording of real estate transactions, to determine if there was a title transfer, and if there is a durable power of attorney on record? Also check to see if your father actually signed a deed conveying his interest to her.

If she signed a deed to herself and the DPOA isn't on record, there might be an issue whether the transfer was valid or not.

If you have to, go to the county and ask to view the records.

And who's paying for the apartment he's living in? If your SIL is living there "for free", who's paying any mortgage, utility and upkeep payments?
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If he won't file charges, there is nothing you can do, sorry. He is the master of his own destiny.
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