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Operator Asked February 2016

Can my stepbrother remove anything from my stepdad's and mother's home?

Can my stepbrother remove anything from my stepdads and my mothers home like a car?? My stepdad is not supposed to drive but nothing should leave the estate?? Besides the car is still insured by my stepdad? I am POA for my mother but stepbrother is not POA for his Dad?

Countrymouse Feb 2016
It might be best to get professional advice anyway. The thing is, your contract would be with your stepdad, and if he's not competent to enter in to a contract you're going to have trouble with it. No reason I can see, though, why you shouldn't all agree terms amongst yourself first; then get it put in writing; then get it signed formally. The key points to focus on would be: how much, who's paying, and what happens if his care needs increase beyond what you are able or willing to provide?

Are you sure you want to do this? What are the other options for looking after him?

Operator Feb 2016
So what should I do get a contract written by a lawyer with my stepbrother that I will be paid for looking after my stepdad because he did mention we should put something in writing but should it be done at a lawyer?

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BarbBrooklyn Feb 2016
I think the question is not are they still married; the question is whose name is on the deed. I think you should probably consult an eldercare attorney. Both about the disposition of property and to get a caregiving contract put in place for your stepdad's care.

How is the nursing home being paid? From mom's funds? Medicaid?

Countrymouse Feb 2016
Whoa!

Wouldn't it be best, if you can, to get together with your stepbrother and any other siblings and thrash out what the care plan is? The photo-taking sounds like the distrust could be mutual, and if there's no need for it on either side then the sooner you can sweep it away the better.

Are you living in your mother and step-father's home, or what's the arrangement that means you should get compensation for looking after him?

As a starting point, though, if your stepbrother has taken something that belongs solely to your stepfather, then it isn't that it doesn't matter, and you should keep track of what's going where, but I wouldn't make it my problem if I were you. It's between him and his Dad.

Operator Feb 2016
No he is not power of attorney for his dad because the family were all in denial I kept telling them for a whole year your dad is forgetting and the doctor said he should not be driving but soon has I told them and my stepdads doctor he bounced some checks, boom they showed up!! I also told them someone needs to be power of attorney or it will go into a public guardian trustee and now he is applying for it make take months. Will my Mom be affect by this financial?

Operator Feb 2016
So far he is telling me he will bring the other car back soon, but I am not close to him never really grew up with my step siblings he is nice person so far he said he would pay for me taking care of my stepdad but not yet but I have a hard time trusting my step dads children but he can't sell the house right because legally my Mom and his dad are still married even though she is in a nursing home? I am my Moms power of attorney.

BarbBrooklyn Feb 2016
do you have a good relationship with this stepbrother? Are you being paid to be his dad's caregiver?

Whose name is the house in? Is his father still competent to express his wishes? Does he with this son to be his POA, meaning that he is empowered to carry out his father's wishes?

Operator Feb 2016
I mean other car was left to drive his dad because I am caregiver for my stepdad.

Operator Feb 2016
He told me it was to stop his dad from driving but they didn't take the car because they still want me to drive there dad around? My stepbrother brought the car to his house and came and took pictures of my Moms house and Step dads house of the outside and inside belongings??My Mom is in the nursing home.

BarbBrooklyn Feb 2016
Is he removing the car because he feels that if it's there, stepdad will attempt to drive it? Or is her removing it because he feels like it belongs to him now?

Is your mother still using the car?

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