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I have been her POA for 4 years. A Guardian has been appointed, now they are coming for the condo she and I bought last year when she went into an Alzheimers home and we had to move out of the large home she had with her late husband. They are claiming I did not have the right to buy the condo when my POA and my lawyer says I do. What can I do other than wait for the lawyers to go back and forth with this?

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Pretty sure Sandra has abandoned this post at this point. I hope she finds a way through this.
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I hate to say it, Sandra, but you have a bit of an uphill battle here. You have to take a step back and look at this from the outside. The home was your mother's. The money from the sale of her home was hers and was never yours and hers. Power of Attorney does not imply joint ownership. While under normal circumstances, a parent can buy a condo with their child without any problems. But the issue here is that she already had Alzheimers, which puts her capacity in question. Now add in the fact that you were in a position of confidence, being her caregiver and POA. So the appearance to the outside is that you used your position to influence her to purchase a condo in both of your names just before going into a memory care facility. Now add to the picture that you are the only one benefiting from this purchase. Your mother's name may be on the condo, but it appears that it is only yours and you intend to inherit it after she passes. If her interest in the condo is the vast majority of her assets, then it looks really bad. I'm not suggesting you did anything wrong. I'm trying to paint the picture that others from the outside are seeing. At this point, the Court appears to be involved. What the Court likely sees is that your mother's money alone purchased the condo, regardless of who's on title. You could make an argument that she wanted to pay you back for the years of caregiving, but that circles back to her ability to make those types of reasoned decisions given her capacity. Would you be willing to offer to pay rent? That way your mother's estate sees money from her purchase? Really, I think that's your only option out.
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You should let an elder law attorney handle this due to its complexity.
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I'm afraid Sandra's got big trouble. One thing no one has touched on is the guardian. Typically legal guardians appointed by the court are not just any old ignorant yahoo - in fact often times they are attorneys themselves. Court appointed legal quardians don't make random trouble for families, either. I'd be willing to bet that if the guardian thinks there is a case - there is.
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See, that's my question, CM. It appears that Mom never lived in the condo - but it's not definitively stated that way.

But either way, this has the potential to be a huge problem, and if Mom never lived in the condo and the proceeds of the sale of her home were used to buy the condo for the sole purpose of the OP having a place to live while Mom went directly from the sold house to assisted living, I can see why the sibling is upset.

I also agree that if the attorney advised this was an acceptable use of Mom's proceeds from the sale of her home, then the problem is with the attorney, who gave incorrect advice - but unfortunately, Sandra is going to be the one that has to deal with it.  
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Susan, the OP says: "When the house was turned over to the son in law he sold it and we received money. With that money Mom and I decided to buy a condo as I had no where to live after 3 years of full time catering of her and her late husband and she was going into assisted living."

I don't get the impression mother lived at the condo at any point; but I agree it's not clear where they were both living between the mother's home being sold and their eventually receiving their share of the proceeds.
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I think your first lawyer advised you poorly. If your mother was going into an Alzheimer's home the same time you bought the condo with the proceeds from the sale of her house, then that money was hers and should have been spent for her care and not for the condo. If this is the case, then your brother has a point as her guardian. I would be angry with that first lawyer and report him for giving you the wrong advice.
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I have the same question I had before. What is the timeline here? Did Mom live with you at the condo at any point in time, and for how long?
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I agree with Countrymouse.
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SandraS, you have a problem.

You say your mother and you decided to buy the condo to provide you with a place to live when she moved into the memory care facility. But here is your problem: your mother's Alzheimers Disease, underlined by the fact that she needed to move into memory care, means that she was unable to make this decision. Which leaves just you. You decided to use your mother's money to buy yourself a place to live. And that is misappropriation of your mother's funds. You used her money for your own benefit. That puts you in a terribly false position legally. That's the bad news.

But none of this makes you a bad person. For one thing, you are being very straightforward and clear about what has happened: you're obviously not trying to cheat anyone out of anything; you certainly didn't deprive your mother of assets she needed for herself. For another, I don't doubt that your mother did want you to be decently housed and financially secure after the years that you had devoted to her and her husband's care; that would be only natural. The trouble is, she didn't and couldn't put those wishes in writing, and at the time the decisions were made she was not competent to make them.

I don't like the sound of your lawyer. It could be that he's charging you a lot of money to tell you what you want to hear; and it could cost you worse than money in the end. Can you get a second legal opinion?
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POA is so difficult in any country, because you are not supposed to use any of the protected person's money for yourself, even if the expenditure is justified. However, if your lawyer can prove that the son-in-law transferred money from the sale of his parental home over to both of you to buy a new place to live, I really do not see what business it is of your brother's to intervene. Supposing he succeeds in his legal action, where will you live? I would put in a counter lawsuit claiming that your brother would be obliged to accommodate you in his home if his legal proceedings rendered you homeless!!
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Your sentence about receiving the money and buying the condo for you had no where to live and your mother was going into assisted living leads me to ask, how long did your mother live with you in the condo before she went into assisted living? That is a crucial question in my opinion.
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Holy Moly Sandra,
This is horrible! Thanks for answering questions, certainly helps to get a clearer picture, but a sad picture it is. What a spiteful, greedy little so & so! I am so sorry you are going through this and there should be laws in place preventing this sort of thing to even occur. I wouldn't be surprised if one of my brothers pulled something like this, it's always about the money, no consideration that it was you who sacrificed your life taking care of them. I hope you win this nightmare court battle and then counter sue him for your lawyers fees fighting him, caregiving wages, social security you lost, not to forget extra for the pain and suffering and whatever else you can hit him for. Counter suit!
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I was in court for 2 years with Mothers son in law over the house she and her late husband lived in. She was owed money from the house but he refused to pay and blocked it. I helped her move out as she could not afford to stay there. When the house was turned over to the son in law he sold it and we received money. With that money Mom and I decided to buy a condo as I had no where to live after 3 years of full time catering of her and her late husband and she was going into assisted living. Both our names were on the deed, we paid cash, no mortgage, I have her furniture, art, personal belongings, etc. When I signed her into hospice a few months ago I was advised to transfer the property out of her name. Then my brother - who has been uninvolved in any of the caretaking or decisions and is not POA and lives 4 hours away by plane - threatened to harm me over the condo purchase as he did not know where the money came from and assumed I had taken it out of Mothers account. He filed charges against me with the state and a guardian was appointed. Now the Guardian is demanding the condo be returned to her name, they will sell it and evict me. I have the paper trail, letter from financial advisor, record of expenses. My lawyer says they don't have the right to do this but they are trying and costing me thousands in legal fees already.
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Family members are particularly greedy when Mom or Dad can no longer speak for themselves. They tend to be more brash and pushy because the parents aren't able to speak up and remind them of right and wrong. That being said, the caregiver must keep immaculate records of expenses etc. since the other siblings "forget" about all the work that has been given without asking for pay. Depending on the family...watch out for the grabbers who believe they are entitled to part of What's left and Don't care who did What! Sad situation but real!
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You say you "both" bought the condo. Is it in both of your names on the title and is it paid off or is there still a mortgage on it? If you both went in together on this investment, was it 50/50? How was mortgage drawn up? Is it a joint tenancy? Was your Mom mentally competant when you did this and if so, can you prove it? Was it her idea to purchase the condo or a mutual decision? Are you listed only as POA or DPOA or both? Have you keep bank statements, records proving you did not abuse her finances?
The reason I am firing all the questions at you is this is how you need to build your case. For instance, Mom named me DPOA before she ever began showing signs of dementia. She had always told me she wanted to find a place so she could be with me. I would seek out the eldercare attorney that you went to see (that created the will or trust) if by law your brother can do this. Get all your facts in place prior to that. Lawyers aren't cheap!
It never ceases to amaze me how many jealous and greedy siblings will go to such lengths to try and get what they think is "their cut" when many of them had little or nothing to do with caring for the parent. Families are torn apart all in the name of the almighty dollar that was never earned or contributed by them. 
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I hope the attorney you have is familiar with elder law issues. What has transpired has, and if it was ill advised, they should have advised you prior. It's my understanding that if someone has POA, they should be documenting expenses...and I'm sure for the condo purchase there is a paper trail. If your attorney is not an elder law wise person, I would suggest taking your business elsewhere.
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As POA, you had the legal "right" to sign paperwork to buy the condo, but a POA is supposed to manage the assets for the benefit of mom. If mom never got any benefit from the condo, it may be difficult to prove that it was a justifiable purchase. However, if you are paying mom rent to live in the condo, it could be seen as an investment that is providing income for her.
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I think we need more of a timeline here.

Was mom ever living with you in the condo?
When you say "we had to move out of the house and bought the condo", do you mean you and Mom or you and your own spouse/family bought the condo and Mom was never involved?

We need more info before we can offer advice on this.
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If she went into an Alzheimers home, why did you use any of her money for the condo? I think that might be an issue.
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