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It not elder abuse unless he is withdrawing large sums of money to keep his lifestyle intact. Is your mother self paying LTC out of pocket or is she on the states medicaid long term care?

In my uncles case he is single and paying self pay rates out of pocket in NYS. Until he goes on Medicaid long-term care he is paying for the house hold utilities and taxes. This is an allowable expense in the application process.
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Reply to AMZebbC
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This is your mother's home unless and until she or her representative with full POA sells it for her to pay for her ongoing care. As such, this home's costs must be paid by your mother in terms of taxes, maintenance and etc. The heat, water, electric can be shut off if it isn't occupied if allowed by codes, but it is to be noted that insurance companies do not like unoccupied homes and often refuse to insure them. I was told this when my brother entered care. The turning off of utitities makes that almost certain.
Moreover an unoccupied home will deteriorate very quickly and is in danger of squatters and of having its very plumbing walked away with.

If brother is maintaining home I think you are lucky he's there. My own personal opinion. If he is willing to invest a small rental fee to keep the place humming that's even better.

Whomever is POA, if mother isn't competent, and if the POA is well written, can sell the home, but care must be diligent in keeping these assets of sale for mother and her care, and would include a good attorney to help with this.

Best out to you.
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Reply to AlvaDeer
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JoAnn29 Sep 28, 2024
The women is on Medicaid, no money to pay bills and taxes. Doesn't seem brother is paying still thinks Mom should. Medicaid has rules concerning someone living in the house. They must pay the bills.
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If she is on Medicaid, there is no money to pay her bills. If he was her Caregiver for 2 yrs prior to her going into care, he maybe able to stay in the house,but has to prove he can pay the bills and taxes. If he can't he cannot remain there. If disabled, same thing.

If she is private pay, then she could still pay the bills it won't effect her future Medicaid. Is brother her POA? If so how does it read. Does it allow him to draw payment? Say she will pay bills if she goes into care? As a POA he cannot personally profit. So if there is nothing in writing, IMO, once she is in care she no longer pays the bills if there is someone living there that can pay.

I would talk to an Elder Lawyer.
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Reply to JoAnn29
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In most states, Medicaid (plus one's social security income) will cover the cost of LTC if one qualifies financially.

What you posted would not come under "abuse" unless he is going to the facility and either lying to or pressuring/bullying you Mom to cover the bills.

To clarify: it is her brother? Or your brother?

And, as others have pointed out, it all depends on what the arrangement was between the 2 before she went into LTC. The house can be sold to cover the cost of her care, if she has an active and capable PoA.
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Reply to Geaton777
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It can get complicated.. was brother co-living with Mom before she moved to LTC? Does he have a disability? He may be deemed to be *dependant* on Mom?

Was he living with Mom to provide her care? If so, he needs a new plan.

Or more like a free-loader living in the basement?
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Reply to Beatty
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I’m sorry to hear this, MamaV. I assume since mom is in LTC that she is not able to manage her affairs without help. Is anyone power of attorney? Is it the brother?
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Reply to SnoopyLove
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