Parents both in different nursing homes, sister is trying to sell there house, she has power of attorney?

Question

on my dad only. She has been spending there money in bank and there retirement/government money some I know for a fact. I'm worried if my parents house sells she will somehow take my part of the money and my other sisters part of the money , What should I do? Actually I've been living in parents house almost 2 yrs and she told me to get out she needed to rent it, this house sat for over two yrs and I remodeled it and did all the labor myself,me and wife. This place was worse than a barn. we had to completely tear out the kitchen and bathroom and start from scratch on them, even the floor, because of leaks ruining the floors. My son gave me alot of 4in. tongue and groove solid wood. We put it in the bathroom kitchen and living room. this is a one bedroom one bath 535 sq.ft. house. we took off 2 dumptrucks of trash from inside the house, under the house, an around the house. The land here is ten acres with a creek on three sides. Shes asking 174,500. Help need advice.

Answer 1

The money that would come from the sale of your parents' house and land DOES NOT BELONG TO YOU AND YOUR SISTERS!  This money MUST be used to pay for your parents' care...

You really MUST consult with an elder law attorney.  If your sister has power of attorney and your parents are in a nursing home, it is her OBLIGATION to use your parents' resources (income and assets) to pay for their care in the nursing homes.  

Any attempt to transfer assets, sell property for less than the true market value, etc, may result in your parents being ineligible for public funds to pay for their care when there really is no more money to pay for the care.  If this occurs, the nursing homes may be within their rights to discharge both your parents for failure to pay their bill unless all of you come up with the money.

In order to find out what the specific rules for Medicaid eligibility in your state, you need to talk with an attorney who is knowledgeable in this type of law. You can also learn more at www.eldercare.gov.

It may seem like your sister is taking the money, but do you know this to be true?  Do you know what the monthly bills are for each nursing home?  

Before you assume the worst, get the facts - you may be pleasantly surprised, and she may appreciate you taking an interest in helping to address the very complex issues involved in handling their finances.    

I suggest that you also keep in mind that your sister may question your motives for living in your parents' house and assuming that you will profit from the sale of the property... get the facts and you will all rest more peacefully.

Answer 2

Power of attorney is easy to prove. Ask your sister to show you the document. It sounds like your parents made her the trustee of their estate, and since they are still living but incapacitated, she decides how money is spent for them.

Now she's looking at you living for free under that roof, and she's telling you that the house must be sold--probably to pay the medical fees your parents are running up.

So, putting aside all your emotional baggage, you are left with a business deal, and it has to be made among you and your two sisters.

If you paid to improve the house, then gather your receipts. This is money owed to you after the house sells (if she's asking 174,500, she intends to sell, not rent).

I doubt any money is coming your way, fella, even if you skedaddle and she sells the house for what she's asking. The reason is your parents' medical bills will chew that up and spit that out before you can get your hands on it.

Answer 3

get with your other siblings and take her to court and ask for a complete audit of the financials as well and have her removed as poa

Answer 4

What’s the scope of your sister’s power of attorney? It will spell out what she cal legally do.

If she’s being overbearing and won’t speak to you, I suggest you contact an attorney for advice on what she can legally do and what rights you and other siblings may have.