Can my sister, who is POA, sell our mom's land to pay for her care before using mom's money in the bank?

Yes. Too bad it wouldn't qualify for a penalty-free transfer. It's not the primary residence. :(

Thanks, Jessie. I was wondering about the "land" - apparently there's some vacant land someplace to which the mother has title?

The home was sold and mother moved in with her, but sister has POA. A good question would be if the mother was still competent to change the POA if needed.

Could you clarify? The home has been sold, but your mother holds land separate from the home which has not been sold?

Caregivers that are left things in the will can't really depend on it. My parents left me their house in the will, but my brother is POA. If my mother becomes incapacitated in a NH, then he could sell the house if he chose. I doubt that he will, but he could. Of course, if she should have to go on Medicaid, they could put a lien on the house. In Alabama adult children who care for parents so that they qualify for special exception to MERP are given a life estate. If I don't want to stay in the home, the lien will be called in when sold. IOW, I am left the house in the will, but it doesn't mean that I will inherit it. We never know when it comes to eldercare.

First think. The land will not sell overnight so Mom's bank money will have to be used for her care. If that money gets used and land sells, that will have to be used. Medicaid only steps in when all Mom's assets have been used.

Yes, she is unless there is a clause in the POA that does not allow her to sell property. You would think that out of decency she would not sell what has been left to you, but she may think it is a better idea. Many adult children opt to be paid by the parent with a caregiver contract because you really can't depend on anything being left as an inheritance these days. End-of-life care cost so much that estates are a thing of the past for all but the wealthier people.