Up to a few weeks my grandmother in law lived in her own home in Michigan. In the last six months she has come down with alzheimer's disease. She still has good long-term memory but suffers with short-term. Unknowingly she signed a POA and has been stuck in an awful care facility against her wishes. She had no idea she was not going to see her home again. The son's and daughter's with POA have turned the house into the bank, taken whatever they wanted and carried on with their lives. My mother in law took the first opportunity to fly from California to visit my grandma-in-law took one look at the home, which had that evening forgot to feed her, was not feeding her a diabetic diet and had very few other residents that were not in a comatose state. She promptly offered to move back to Michigan to help care for her in her final years. The problem is, if the house has already been handed back to the bank there is no way for my mother-in-law to financially look after her mom. I've read that the decisions made by the people with POA should be in the best interest of the person that signed them, which in this case I don't think they were. Also I would argue that such a decision should be made with my grandma-in-law blessing, as she is still capable of choosing where she wants to live. Can anyone offer any advise that might allow my mother in law to look after her mom in her own home?
I'm typing from Melbourne Australia, so I'm defiantly at arms length. Any and all advise is greatly appreciated.
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Has your spouse even contacted his relative with the POA and asked for his side of the story? I don’t think you should be so quick to decide that any wrongdoing has occurred and that GMIL can be cared for at home by her daughter. We see this on this forum all the time-people make the heartbreaking decision to place their LO in LTC because they need more care than be provided at home and their home is no longer a safe environment and then they are given guilt trips by friends and relatives who spend a few hours with the LO and think they are fine!
If GMIL isn’t competent enough to assign a POA and you hint that you don’t think she was fit to assign one, then the only way your MIL can gain control over the situation is by pursuing guardianship which is a long process.
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"Up to a few weeks [ago?] my grandmother in law lived in her own home in Michigan. In the last six months she has come down with alzheimer's disease. She still has good long-term memory but suffers with short-term."
I don't think ALZ occurs in such a short period of time. Do you know for a fact that she's had a clinical diagnosis by a doctor? Sometimes a urinary tract infection can create dementia-like symptoms and can clear up after treatment.
"Turn the house back to the bank"...you mean foreclosure? If the son and daughter put your GMIL into a facility then stopped making the house payments, I can understand how this would happen, but it usually takes at least 1-1/2 to 2 years. In foreclosure, you don't get the house back, since you don't own it, the bank does. This part of your information makes no sense. Did they sell it back to the bank? Not familiar with this.
Your MIL has no legal authority to remove your GMIL from her current location if she's not the PoA. She would need your GMIL to sign another newer Durable PoA to override the existing one (as long as your GMIL is not mentally incapacitated). Your MIL could fight for guardianship of her mother in the courts but there's no guarantee she would win and this will cost money. Hoping your GMIL gets the care she needs.
You guys have zero say in what happens, at this point. If the house has been taken over by a bank, undefined if it was foreclosed or quit claimed. I'll guess that it was repossessed/foreclosed with zero proceeds available for her care?
I've also worked for top notch law firms that might be able to help your MIL removed your GM-in-law and/or address a potential breach of fiduciary duty under the POA. It might also be necessary to determine exactly how the house was disposed of, and what kind, if any, remedial action can be taken.
Tacy is another Michigan resident who posts here; she might be able to offer suggestions as well as to places to live, etc. if it's not possible to redeem your GM-in-law's own home.
There are some areas in Michigan that are very high priced, and some are in heavily populated areas which might be a challenge for your MIL just b/c of what accompanies densely populated areas (heavy traffic, pollution, noise, etc.).
But first, some clarifications. The phrase "handed back to the bank" isn't a legal term - that's not a criticism, just an FYI, as it could mean a few things and that's critical to any remedial action.
Do you know exactly what was executed? Was it a deed in lieu of foreclosure? Was it a Quit Claim Deed? Do you or your MIL have a copy of it? Do you know if those who are proxy under the POA received any funds in exchange for the house? How many proxies were there, and did they all agree to the disposition of the house, and did each sign any documents transferring title to the home?
E.g., if the house was in foreclosure, there are specific timelines for action, as well as a time to redeem the house. If a Quit Claim Deed was executed, those options aren't available. These issues are basics before any remedial action can be taken. . I have a feeling this situation is more complex but need some more information.
Also, who made the Alz diagnosis? And do you know if there was a contingent clause in the POA requiring that diagnosis before the proxies could act?
I look forward to your response.