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My mothers have appointed me with a DPOA since 2012 her stage of dementia has progressed and now the doctors have made a request to have hospice step in under their observation I accepted their prognoses and now she's under hospice care, my question is this my brother has no legal documentation that says he can prevent me from securing her house from intruders or if I decide to make a quick sale of the house but every time I tell him that I no longer want to continue to pay the taxes on the house (which is being paid from her SSA check) he tells me that I cannot do it I do not want to take him to court on this I tried telling him that I have a legal right to do so my mother no longer lives in the house, the house not fit for anyone to live there I need to know what can I do to stop my brother from interfering with my decisions in regards to the house he does not contribute anything but words ...

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If she is on Medicaid see an attorney. If she may need Medicaid see an attorney.

Where is she living while on hospice? Are you the executor of her will? Does she have a will?

If you visit the local tax office you may find (depending on your tax laws) that her property taxes can be postponed until her death. That’s allowed in some areas.

If her death is imminent and you and brother will inherit her property, then you need to consider your actions carefully.

While it may be true that you have the legal power to do certain things, just my opinion, you may want to consider your actions carefully.

You might not win if you take him to court. And whether anyone can live in the house or find the house valuable is subjective.

Brother may not mind taking you to court. Just some things to think about.
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Does you POA say you can sell? If it does, then sell the house. What you and dear brother need to understand is Mom gave you the power to handle her life when she no longer could not brother. You do not need his permission to do anything.

As long as Mom is not on Medicaid for health or Long-term care, you can sell house for whatever you can get. If she is or has been on Medicaid, then it has to be sold for Market Value. Really, if Mom is no longer in the home and will not return, I would get rid of it. I tried, but Moms house didn't sell until after her passing. Yes, stop telling your brother what you are doing. Any proceeds from the sale go into an account for Moms care. No splitting of her assets before her death.

I so hope your Executor. Again, if you are, you are incharge, not brother. You abide by the Will.
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Stop confiding in brother as if he were your friend! He isn't. You don't have to talk to him at all.

As POA, you don't have to tell anyone what you plan to do. In fact, you shouldn't. You have the authority, so do your duties as POA, and realize that what you decide to do is what gets done.

Depend on an attorney for guidance, not brother.
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I agree with Geaton that you should see an attorney to verify the best way to handle the house. You don't want to make an expensive mistake that will negatively affect your mother's finances while she's still living or her estate afterward.
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You should stop telling him, or anyone that will tell him; anything.

You do not need to do anything to stop him. You do what you need to do, you have the legal authority.

If he shows up and starts anything, you involve the police.

Oh, be sure and carry a copy of the POA with you to ensure that you are validated as the legal representative, doing what needs to be done in the best interest of your mom.
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he may also be concerned if Medicaid has been paying a facility and house is sold
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(This post should be in the Questions section so I will report it to be relocated. ) How is he interferring other than disagreeing with you? Is he threatening you? Does he have access to the house? You probably will inherit it, since your Mom seems to have bypassed needing Medicaid, which puts liens on homes as part of their recovery. If you stop paying taxes the house may go into foreclosure and you will lose it completely. I'm assuming there isn't a mortgage on it. If you maintain it until she passes and her estate goes through probate, you may still have something to sell and inherit. I'm not sure why you are concerned that the money to pay for it is coming out of her SS income. In hospice, which is paid for by her Medicare, she won't have anything else to spend her money on. Maybe you should consider consulting with an elder law or estate planning attorney to see what the best outcome will be, Don't make decisions without fully understanding the downstream consequences and impact to her estate. Your brother may have a point.
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