Selling my moms home via power of attorney. Been taking care of her since 2017 when she became wheelchair bound to stroke. Quit my military career and all, i wouldve been on the way to almost being retired. *sigh :/ .. The home in question isnt moms. She bought it for her dad whom passed away in 2018. Mom never lived in this home. Soon as moms dad passed, mom attended dads funeral and the DAY OF the funeral; family members bombarded her with could they move into the home, mom agreed because when we talk about it she says she felt pressured, didnt know what to do plus she was grieving, plus mom has dementia! BUT during that time frame members tried to make it "seem" like the other sibling was breaking in and stealing things, so they made it 'SEEM' like someone should come in and watch the home, yet they moved all dads things in storage and moved their asses in. ANYWAY. The fam members in question that LIVE their for the last four years DID not visit mom when she had the stroke and STILL hasnt even visited mom since the stroke, they only saw each other at the funeral. Anyway mom has mentioned multiple times how she wants to sell it but ofcourse with dementia we know they go back and forth because of desicion issues. ANYWHO. I also took in moms child. So when mom had a stroke she had a 13 year old daughter at the time. So had to take on not ONE but TWO NEW SITUATIONS. plus I have two young children PLUS a marraige which has divorced almost about 50 TIMES due to stress and burnout, etc. Mom is also getting worse. AND MOM has mentioned multilple times they want to try to get some independance back, and they know they need to live in somewhere like an assited living place. So im thankful she acknowledged she cant live on her own. I cant even take care of my young kids, my mental has gone. Im tired of running from what needs to be done. Mom and I refinanced the home even, ive tried to avoid selling but life is so upside down right now. WE ALL NEED A CHANGE. Noone knows the extent of what weve been through, wife doesnt even contact family or friends anymore due to all the trauma. Mom acts as if we asked for this. i was in the MILITARY! i had something going. I didnt call mom and say can i come live with you.. ITs sad because i feel like i had no choice in anything that has happened in the last 7 years. I was only in my 25s when I got the call to come see about mom when she had the stroke. Im STILL YOUNG. i know i did the right thing but im just so tired. im scared i will end up in a mental hospital from so much that has happened and have dealt with but i cant because i have to little ones to see about. im trying not to cry while wrighting this. ANYONE. Noone has came, noone has visisted mom, no holidays nothing. Not to help ME get a break anything. All one can say is why cant you come to us. YOU WANT MY HANDICAP MOTHER TO COME TO YOU WHO CANT EVEN HANDLE A CAR RIDE WITHOUT THROWING UP?? Dont know how many time im sitting outside a resteraunt cleaning up her throw up. ALL THEY DO IS CALL HERE AND THEIR AND I THINK SO THEY DONT FEEL TOO GUILTLY. TELLING ME I NEED TO ANSWER MY PHONE WHEN THEY CALL WHO THE HELL ARE YOU????? I BEEN HERE NOT YOU. MY LIFE HAS CHANGED NOT YOURS! BACK TO SCHEDULED PROGRAMMING. i am just trying to sell the home mom never lived in which agin was for her dad(hes passed on 4 years ago) so fam has been living their for 4 years paying SUPER SUPER CHEAP as well. BUT use the proceeds to restart life for all of us and put mom in a nice assisted living and help get her living again and mom is YOUNG 54, AND OFCOURSE GET ME AND MY FAMILY BACK GOING PLUS IM STILL GOING TO BE SOLE RESPONSIBILITY OF MY MOTHERS CHILD, WHO NOW IS A FULL BLOWN ADULT BY THE WAY ! SO YES THIS IS ABOUT ALL OF US. A NEW FRESH START FOR ALL OF US. ANYWHO IM JUST WONDERING IF I ATTEMPT TO SELL VIA DURABLE POA, CAN THE FAMILY MEMBERS LEGALLYYY DO ANYTHING TO ME?? WE ALL KNOW HOW FAM ISSUES CAN BE ESP WHEN THEY ONLY PAYING 200 PER MONTH
I checked out the other post you made in April about your father's car. I think that you ***might*** also be dealing with parents who have personality disorders. That makes everything a hundred times worse. I highly, highly recommend moving you and your family out of that house and limiting your contact. Put your career first so you can support the family that you created. Support your wife in every way and also in putting her career ahead of helping your family. You need some distance from this craziness. You should definitely help them, but right now they are pulling you under. You can't help if you are this emotionally distraught.
Next, I would commit to finding resources like it is a second job. Find out how much it would cost to retain an attorney that would represent YOU first, and help you take appropriate steps to take care of your mother, father and sister. Your sister and mother may be owed Social Security benefits or other benefits from the state or the federal government. You may be able to get paid by the state to take care of your mother. Maybe your sister might be able to get college or vocational training for free. Someone visiting once a week to care for your mother might work fine and be cheaper than putting her in a long term care facility. You might need a second attorney to deal with the eviction. Or you could do all the research for that. It's time consuming for a layperson and you could make costly mistakes. You may be able to get free legal help through the legal aid org in your community. In Florida a DPOA is dependent on capacity, and the person who created it can also invalidate it. Guardianships are also super complex. You need some distance in order to make rational decisions for your own family and then for your parents. Good luck and all the best, you deserve it.
I really doubt if you were close to retirement in the Military. Thats 20 yrs. But, you can get your life back once you settle Mom.
Anyway, if you have your mother's POA and it's active, and your mother indeed owns the house your relatives are squatting in, you most certainly can get them out.
You will have to serve them with eviction and I most strongly encourage you to.
No doubt, they will squat and refuse to leave, but you can get them out. Have the water turned off if you have to. For all intents and purposes you own the place because you speak for your mother. Neither her nor you agreed to rent to them.
Serve them with eviction and sell the place. Then proceed with your plans for your mother.
Having POA does not mean you can do anything, but it does enable you to act in your mother's best interests. You can buy assets in your mother's name and can also sell them. You decide what her medical care will be and decide where she is going to live.
You would do well to have whatever lawyer did thhe POA documents explain to you exactly what power it gives you and what it doesn't.
When a POA is active because a person has become incapacitated and cannot make their own decisions, the person who has the POA can buy and sell assets in the person's name. They can refuse or insist on medical treatment too. They can have the person placed in a care facility also.
I suggest you consult an elder care attorney for guidance about selling this house, evicting the freeloaders, and what your POA entitles you to do. Free advice from an internet forum is just that: free advice. You need legal advice.
Good luck to you.
I cannot make heads nor tails out of this complicated family history, nor have I any interest in it. But in so far as selling your mother"s, who appointed you her POA, house....here's some basics.
If your mother is incompetent LEGALLY, then you may, if your POA is very well written, sell her home for her if she is in need of funds for her care.
(If your mother remains competent you may do this ONLY at her request).
This sale must be carefully done by a licensed realtor with fair market value sale and all profits, if the home is titled and deeded to your mom going into her own personal accounts which you may manage as her POA, keeping meticulous records of every penny into and every penny out of your mother's accounts.
(You must, in fact, if you are your mother's POA keep meticulous records about EVERYTHING)
Any family member who questions your actions as a POA may visit an attorney of their own, and that attorney may request a court examination of any and all your actions as POA. A judge will examine all your records. Failure to produce said records is an infraction, perhaps a felony, before the law. A POA is an onerous job that is that of a legal Fiduciary held to the HIGHEST legal standards before the law. Anything short of that is consider elder abuse.
If you have question re acting as POA then your POA also gives you the right to be paid for expert advice. That doesn't mean a Forum or strangers like me, but rather an attorney who will give you your legal options, obligations and rights.
Best of luck out to you.
Read your PoA paperwork and make sure it gives you the power to do real estate transactions for your Mom. Is the PoA in effect? Did you satisfy whatever is required so that your authority is now in force? Often it is 1 or 2 actual medical diagnosis of incapacity.
You should be able to sell the home if all this is in place. You will need to get the occupants out. You may need to do a legal eviction process. Make sure to go to the home and video it's condition on the date you are there before they move out so you have proof of what it was like when they were living in it. Even if there was never a lease signed, if they are getting their mail there it is considered their legal residence. Hopefully the house isn't in a state where squatters have rights...
Your main question is whether they can stop you from kicking them out and selling the house. Ultimately, you should really consult an elder law or real estate attorney for the state where the home is located to get a professional and accurate answer to this question.