My parents are in their 80’s & 90’s. My girlfriend moved in almost 3 yrs ago to take care of them, per siblings request. Now that sibling wants to kick us out of the house because we didn’t do what she wanted. She also stole almost 9,000.00 from my parents' bank account. She is also durable power of attorney over my older brother whose name is on the deed on the house with my parents; his name isn’t on the mortgage. Can she evict us and sell the house if I also have durable power of attorney for both parents?
Is he on Medicaid for his care? If so, the house does not count as an asset. So she does not need the house to sell for his care. Parents are the residents and allowed to stay and have caregivers. To me the problem is the brothers if he has never resided there as an adult for a period of time.
How does the deed read? Do parents have a Will? How does it read concerning the house? It all comes down to why is brother on the deed. Maybe there is something in writing saying the parents stay there until their deaths at which time brother inherits. Meaning the house cannot be sold out from under them.
Since you have DPOA for both parents, what your sister wanted has no bearing. Your parents have assigned you to make decisions for them when they can't. She can say what ever she wants, but you are doing the caring. I think there is something else going on here. She has already taken 9k, which by the way could effect parents receiving Medicaid within the next 5 years if recent. As POA for brother, she maybe trying to get what she can for herself thru him. Which is illegal.
I think you will eventually need a lawyer even for just a consult. Tell dear sister that she will need to evict you because this is your primary residence. There will be a court hearing and thats when you bring up that your parents are on the deed and that you are their Caregivers. Doubt if the judge will favor ur sister.
That 9k, how did sister get to their accts if you have DPOA. If she is on any of their accounts, see what u need to do to remove her. I would also tell the lawyer about this.
It would generally be the responsibility of those holding title to the property to initiate eviction, but depending on your parents' status and mental competence, you might have authority to do that given that you have a DPOA. Whether your sister does is a question of competence of your brother, as well as concurrence of the other title holders. The former issue hasn't yet been addressed.
I.e., she may be able to act on behalf of your brother in eviction and sale, but from what you wrote, she doesn't have authority to act on your parents' behalf.
What exactly is it that you haven't done that your sister wanted? If this is the crux of the issue, is there a possible resolution? Have you discussed the issue?
What documentation do you have that your sister stole $9K from your parents' bank account? Had she been granted power of attorney through a properly executed POA or DPOA?
BTW, POA doesn't grant power "over" someone; the proxy serves as a fiduciary, not an overlord. That's not meant to be sarcastic, but a lot of people don't understand that being proxy is a service to someone and is subject to limitations and performing the services properly.
As to your brother, is he incapacitated in some way and needs oversight?
There's another issue with the fact that your brother is apparently part owner but not responsible for mortgage payments. Was his name added after the mortgage was enacted?
This is indeed a tangled web. More information could help with answers, but my first thought is to attempt to resolve the issues with your sister.
Factor in CountryMouse's observations as well, and you have some guidelines by which to consider options.
Older brother whom your parents have made a co-owner of the house, and for whom your sister has Durable Power of Attorney?
So older brother is a vulnerable adult and your sister is acting for him - why? Where does he live?
It *sounds* as though your parents intentionally made provision for your older brother by establishing his share of the value of their house. So presumably now he needs the money, and that is why your sister wants to sell the house. But what is the plan for your parents' ongoing care and living arrangements? Is your DPOA for them already in effect?
When you say sister wants to kick you and primary caregiver girlfriend out of the house because you didn't do what she wanted: what did she want you to do?