Mother with Alzheimer's on private pay in rehab turning to long term. The house is in a revocable trust in RI - I am POA. Now that the decision has been made that she can no longer live at home independently, the trust must be dissolved in RI to apply for Medicaid, and sell the property.
There are many days where she is spot on lucid and her old self. What if she refuses to sign papers to sell the home? Will her attorney have to bring in medical people to verify she is incompetent? But what if on a good day, she can convince them she is fine and refused to sell, wanting to go home? What do I do then? My name as POA is also on the house but we need her signature too. It is one of my biggest fears, she is incredibly strong willed and difficult.
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As POA you take the place of Mom. Just make sure POA follows ur name.
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If your mother is no longer competent to make you Trustee of Trust then read the Trust to find out when you can be made Trustee if you are now listed as successor Trustee.
This really should be done with you and an elder law or Trust and Estate attorney together, because you may need to be guardian in order to accomplish sale and funds placed for payment of Mom's bills.
Your mother is able to keep a home and a car and whatever sum your state allows.
And AGAIN, bottom line here is that you cannot sell or even list a home until you are TRUSTEE. You cannot do this with a POA.
ALL of this and so much more and more accurate info is in the offices of your attorney. Your POA pays for expert advice and you NEED and must have good professional advice, not the opinions of a bunch of us on a Forum. As Igloo often says, most of this is no longer DIY stuff.
Do understand, if your Mom is competent under the law all of this is still her own choice. That makes it quite complicated as there really are NOT a lot of choices here.
Your mother will likely 'showtime' for the probate judge at the conservatorship hearing, but they see this every day. If you have documentation that she is mentally incompetent, then you will be awarded conservatorship. Then you sell the property.
The only documentation of episodes is the current nursing home.