If our mother has a power of attorney daughter A is the primary and daughter B is the alternate. How does that work? Both daughter A and daughter B both daughters live very close to our mother. Lets just say daughter A wants our mother to sell the house and to live with daughter A. However, our mother has expressed that she does not want to live with daughter A that she wants to remain in the home. We are both close enough to her to ensure her well being and that she is safe and cared for, how would that work.
You need GUARDIANSHIP not poa to compel her to do anything
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A POA doesn't give you control over her, it simply allows you to act in her stead for certain enumerated activities. You can't force her to do anything, and she can stop you from selling the house midway, and take away the POA. Work with her and your sister to figure out what the best course of action is.
First, neither daughter can compel her mother to do anything, or to live anywhere other than where she wants and is able to live, unless the daughter has guardianship over her mother's person. You can only obtain this if your mother is incompetent and unable to make rational decisions. Second, if one daughter is a primary and the other is an alternate, the latter has no power under the power of attorney instrument unless the primary agent is unable or unwilling to serve. Third, no matter which daughter is serving under the POA instrument, her powers are limited to those things that are expressly delegated in the instrument. So at present, it sounds like only Daughter A is able to act under the POA, but only within the parameters set in that instrument, and no decision on where your mother is to live can be made for her unless/until your mother loses the capacity to make such decisions. I suggest you establish a relationship with a local elder law attorney, so that you have expert legal advice on how to proceed as your mother ages. Use Avvo's "Find a Lawyer" feature if needed. Blessings to you, your sister and your mother.
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