Follow
Share

My sister and I both have DPOA and I also have health care proxy. My dad is 78 and in poor health; ckd stage 2/3, 7 year liver transplant, severe osteoporosis of hips, poor nutrition & anemia. He wants to live independently and no nursing home. My sister has talked him into selling his house to get significantly below MV. House worth $750k she has talked him into 400 claiming it's all she can afford as she needs to add on to the home and renovate it to a standard that she feels is the only way she could live in it (Viking oven, etc). She has been telling him he has "taken care of everyone but her". She has always looked at glass as half empty and wondered who took her half. My father has given early inheritance years ago to my sisters and I the purchase if his homes at discounts of about $100k but we've also assumed liabilities for septic systems that won't pass title 5 so sale within families is ok and thus provided him w cash as well, a benefit to all. We are no longer speaking to my sister because we feel her transaction is wrong. It won't even pay for his existing mortgages if $520k and will leave him with $750k. One fall and he is wiped out of his assets and cannot live as he wants to. Is there anything we can do? My father won't listen. His decisions are no longer based in his wisdom but now seem to be more based on emotion and stubbornness.

This question has been closed for answers. Ask a New Question.
Attorney said it was ok for her to buy my dads house below MV. The attorney at closing has responsibility to make sure that my dad is in capacity. Courts recognize that people fall in and out of capacity. He then proceeded to warn me that the roomate (who was accused of co-conspiring identity theft on a co-signed loan for my dad and mail fraud ..,in police report and still under investigation) is watching and will likely get my father to an attorney soon to do the same thing. And the daughters on the sidelines who don't take advantage can do nothing but watch? Aps tells me this is my opportunity to get eval since in hospital yesterday. Received 2 pints blood, IV vitamins (alcoholic in for nutrition and pt) to have neurologist and social worker evaluations. But everyone (non-dysfunctional) around me says don't bother, let it go.
Helpful Answer (0)
Report

Well I can agree with what's already said and add, this is a good reason for having a requirement for "Principal shall NOT make gifts to themselves or others", as well as annual or quarterly accounting required. These 2 things on POA should be standard.
Having 2 POA's means they all have to agree, or they can undo each other's actions. In this case it seems only option now that damage has been done is to get your lawyers to sue the other POA for elder abuse.
Helpful Answer (0)
Report

He needs an independent guardian because all of you are acquiring assets below market value, which is particularly bad if he needs Medicaid. Medicaid simply won't pay, because as far as they are concerned, there is no such thing as "early inheritance" which they consider a diversion of assets. Nor can any DPOA use their authority to divert any asset to themselves, the courts call that a "conflict of interest". You ALL need to talk to an attorney, together, about how to do things correctly and not jeopardize dad's future.
Helpful Answer (3)
Report

You need to get to an elder care attorney with Dad asap. Go to some male and older if you can who can talk to him "man to man". Your sister's proposed transaction stinks to high heaven and the IRS and Soc. Sec might see it as attempted fraud or elder abuse. Your sister in jail is not a pretty picture.
Helpful Answer (1)
Report

This question has been closed for answers. Ask a New Question.