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Ashleyfav Asked February 2020

Brother and me have mom's (92) POA general but both have to approve decisions for mom. It's POA jointly and severally. Can he get rev mort?

My brother is trying to get mom to do a reverse mortgage on her home.
He lives in his own home, mom lives alone. She already mortgaged her house in 2017 and gave him 100 thousand dollars so it has no equity. Can't get Medicaid.
She needs help now. I can't afford to help her, I'm disabled on SSI monthly.
Him and his wife own there home and work. I don't have home, can't work.

JoAnn29 Feb 2020
Yes Ashley, you have to stay with one question and wait for a response. We are from different time lines all over the US, Canada and UK mainly.

I don't think Mom can get a reversed mortgage on a house already mortgaged with no equity. Thats what reversed mortgages are, based on equity.

For Mom to get help with Medicaid, your brother has to pay her back. Medicaid does not allow for gifting of large amounts. If Mom needs care, he should be the one giving it. I would call Adult Protection Services and tell them Mom is being taken advantage of.

FloridaDD Feb 2020
A POA does not generally allow the person to take "gifts"  and It may restrict her from getting medicated. Was she competent when she made him the gift.

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cwillie Feb 2020
"Jointly and severally" means either/or, but even so when I sold my mother's property the lawyer insisted on the approval of all POAs named. Contact the lender and make it clear that you are opposed, no reputable company will want to get in the middle of a legal tangle.

Geaton777 Feb 2020
If both of your signatures are required, neither can act alone. Does the PoA grant authority to make real estate transactions or take out loans? This box would need to be checked in order to do so, again both signatures required if that is how the PoA is set up. Many on this forum will advise against doing a reverse mortgage. You may need to consider that without enough money and the need for care, your mom would be better off in a nice nursing home. At least she would be with other people and would receive the proper medical care and meals and life would be simpler for all. If she stays in her home, who is going to pay for the utilities, maintenance, etc?

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