The hospice social worker reported me to Adult Protection Services because she saw the for sale sign in our yard and she told APS that I didn’t have the authority to sell our house without ever asking me anything. I have power of attorney, which I had to do by myself with a lawyer because back in January she decided after meeting with my Mom one time and my Mom being a tad confused she wasn’t going to help me. APS then accused me of obtaining the power of attorney illegally and basically said that if she gets another report on me I will be going to jail. I don’t understand what the deal is I have told the social worker we didn’t have money to stay in the home so what does she want us to do? Sit in the house with no power or water? Be homeless when they forclose on the house?
Get some critical payments made MONDAY. Drop off checks in person, or electronically pay, which is even faster. Start hunting for a Disability Lawyer! I've learned the hard way that Govt. assistance is so frustrating and seems impossible, but once you get into the system, it starts the ball rolling!
Get on line and apply for SNAP benefits first. They will schedule a phone interview with an assigned "Worker" within a week, and it's 5 minutes that will change your life! Get your proof, medical documents or whatever ready for it. Tell them you have NO INCOME AND ARE DESPERATE.
Next is find a Disability lawyer, for SSDI. It may take a month, but once that goes through, then it gets done. While all this is happening, keep Mom away for that Social Worker. Or even better, ask for a new one. You may have autism, but you come across as intelligent and concerned. Your Mom sounds like she is going downhill fast. I can imagine this is terrible pressure on you.
I would make appt. at your mortgage company, to go tell them what you are trying to do. Don't panic at $2,000 in bills, it's not THAT bad. Most Lenders will let you slide on the mortgage up to 6 months if you have a serious situation, which you DO. Make a folder with Mom's medical info and yours. Make copies of each document at the local UPS store. Carry them with you, to bring proof of you being on the Title/Deed, the RECORDED copy (showing Joint Tenants) from thee County. Also keep your original documents in a folder, making sure you have them when needed. Buy a accordion type folder cheap with 8 sections to keep it all in.
You should have been on SSDI years ago. Mom must be getting some form of Social Security income as well? If you can get your SSDI going, you could stay in the house after Mom is gone. But your best bet will be to sell it, buy a mobile home and rent a space in a local mobile park.
You can do this, but I know it is frustrating. I think you Mom made have told that SW some crazy stories, why SW doesn't trust you. Ignore this SW and get moving on partial payments on bills, and keeping Mom away from her. Get that SNAP card first, then apply for SSDI. Start looking for mobile homes/trailers, don't waste money on an RV, which requires gas, insurance, maintenance and a legal place to park it. That is no way to live. An RV will not be a suitable place to live long term and waste your money. You will have nice people around you in a mobile park, to continue your journey after Mom is gone.
Get that For Sale sign down. Tell any agent NO SIGNS, they can't sell the normal way. You can get possible Buyers interested, but cannot close any deal until Mom is gone. If your POA states you can "Buy or Sell Real Property" that is the only way. Until then, you are still HALF OWNER, as long as you have a RECORDED COPY of the Deed/Title showing you and Mom as Joint Tenants. If you haven't got it recorded, take it to the County and get it done NOW. It is worthless until it is RECORDED AND STAMPED.
I'm sorry you are having to go through this.
I know lots of people that live in an RV and absolutely LOVE it. We did it for 5 years and I am looking forward to resuming it in the not to distant future, TheLord willing.
If your Mom's cognitive state took a nosedive she may be telling the social worker things that aren't true which, if she as dementia, is a very common dementia behavior. Dementia can include paranoia, delusions and confabulations.
Please resist acting out your frustration with social services -- they have a lot of power and you need their help. Be very patient and accommodating with them.
Let us know how it goes, since updates are extremely helpful to many on this forum.
You are co-owner (Joint Tenant) of the house, if the Grant Deed was recorded. You can't technically sell it yourself, until Mom dies and you become the Sole Owner. Mom is unable to make decisions, why you had to get a POA. Right now the house is 50/50 ownership.
Where is Mom's monthly income? She must have been paying for her house, taxes and utilities for a long time. You living there (unemployed with no income) is not the problem. It is Mom's "dementia/confusion" about being unable to legally sign documents. The HOSPICE Social Worker tells us that Mom is in Hospice? The Social Worker thinks you are not trustworthy for whatever reason. It doesn't sound right that you both have obviously been living there and Mom paying for it. Why suddenly "we have no money?" You can't even pay utilities?
I hope everyone involved in this situation will communicate clearly and listen to each other so that the situation will be smooth rather than stressful going forward.
Did the lawyer draw up the document and somehow tell you it was now legal for you to use? Or did he/she draw up the document but tell you that your mother would need to come in and actually sign it?
Who owns the house -- whose name is on the deed? Is it paid for or does it still have a mortgage? Where is your mother now, in hospice in a facility, or living at the house?
You did the POA illegally.
So yes, this is a large problem and you should consult an attorney at once.
You cannot do a POA on a confused or demented person without his or her being legally competent and present. If an attorney suggested to you that this could be done it is malpractice and said attorney will almost certainly lose their license.
See an attorney at once.
Make no attempt to sell this home with these fraudulent papers. Take the sign down at once. This can be considered Elder Abuse and you can serve prison time for it.