Revocable Power Of Attorney?
I have a fellow who works for me in need of advice. His mom has alzhiemers and a couple of years ago his sister took over paying her bills. I assume she has POA. She never helps take care of their mother except for paying bills out of her mother's own money. She now wants to put the old lady in an institution and sell her house. The mother told her son that if anything ever happened to her she wanted her son to always have a place to live. She wants her son to live in her house. Is there anything he can do, can he take his sister in court over this matter? The guy is in pitiful financial shape and this could ruin his life. The mother is in pretty good condition. She lives a functional life except she does need to be reminded to take her meds. She doesn't want to go to an institution, she wants to stay home. Any ideas? Thanks in advance.
Now is the time to get mom to a real attny. If mom goes into an institution the cost of that inistitution will be assessed against her assets (money and house) until she is broke and then the state will put her on public aid and pay the bill. This will make the issue of whether the son or the daughter get the house a moot point.
Mom needs to get the house into a "medicade trust" or other vehicle to get it out of her name. If she makes the son the residual beneficiary of the trust then your friend will have accomplished his goal. She must stay out of the institution for some period of time after the trust is established or medicaid can revoke the trust and sell the house on the grounds that the trust was established "in anticipation" of her impending situation. I think the time is 6 months or a year-- but my memory is foggy on the subject. Maybe I am ready for an institution myself.
What if the sister has POA, can it be revoked? What if she decides to go to battle, what might happen? Will the trust be desolved?
POA's can always be revoked unless the document specifically says that the POA is "with an interest" and is irrevokable.
If the sister makes a stink then she makes a stink. Do not borrow trouble from tomorrow. Sufficent unto the day are the evils thereof.