I was POA for parents and dad died. Mom was sent into a nursing home due to sundown dementia. An attorney advised us to transfer deed to brothers name cause he lived in house for 15 yrs and do life estate for parents. Both parents werer interviewed by lawyers and agreed to do transfer to save house.Brother verbally agreed and understood that if house had to sell then he would take the money and put into an excrow account for mom so medicaid could not touch it,. After dad died in July, I could only pay the bills up til oct so as POA, I spoke to my mom and decided best to sell house and get her into asst living/ own apartment. So to rid the house of the furniture , we had an estate sale from a company. Upon the closing of house , brother decided not to give the money back for sale and I as POA of course did not agree to sign to sell house. Then brother got mom to sign docs to revoke me as POA and tried to use at her bank , he tried 3 times and finally bank filed elder abuse against the nursing home for allowing son to do this to their patient. The nursing home(medford multicare) then found the loop hole out of repsonsibility and filed court to decide on guardianship.
You should consult an attorney who practices trusts & estates and/or elder law. You can use Avvo's attorney search to look for qualified attorneys in your area. Best of luck to you and your mom.
It is well said that there are no more vicious fights than those between and amongst family. I assume that all during all of the very tangled and intricate dealings that you wrote about that no one apparently thought that the advice of an attorney just might be a good idea. Well, I see that you think that it’s a very good idea now; however, it seems to me that going down that path may commence what is likely to become a very acrimonious and lengthy, not to mention expensive, legal fight with your brother, the outcome of which is not at all certain.
I do not mention the above to berate or criticize you but to indicate that in my many decades of experience I have rarely, if ever, seen these kinds of family feuds when taken to court come out well for anyone. Everyone gets angry, upset and ends up peeling many, many dollars in the pursuit of what is rarely a satisfying result. This is not to say that you should not consult with an attorney to find out what you and your mother’s rights may be, etc. There are many legal disciplines involved in your problem, wills and estates law, elder law, contract law, general obligations law, real property law and a few others as well.
I know that it may not be, but if it is still possible, try to compromise and settle this matter in an amicable manner with your brother. The whole family going to court about it is not, IMO the best first, second or third step to resolve your differences. It should be the absolute last and only step remaining after sincerely trying all else, including arbitration and even consulting the sage advice of someone whose wisdom you all respect. I know that this advice is not the best way to drum up business, but it is what I believe is the best way to try if you can.
The type of attorney you are looking for is an elder law attorney. You will need one with experience as your fact situation is complex. I suggest that you go to the website of the National Academy of Elder Law Attorneys at www.naela.org to locate one near your mother. I am surprised that the bank would have reported the nursing home to APS instead of your brother. Good luck.
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Agreed with other posters that you need an Elder Law Attorney; however, to obtain all the relief (or at least seek it properly), make sure that the attorney also handles Estate Litigation and Guardianship Litigation.
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You need an attorney experienced in Guardianship practice. If a guardian has been appointed already for your mother that guardian may be able to work with you to establish some planning as mom would have wanted to benefit her family - you. If the matter is still in front of the guardianship part you need representation by someone very familiar with guardianship to watch for your mothers and family interests.
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