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I have been Mom's caregiver for the last 2.5 years. I am one of 6 sisters, of which 4 live locally. We all decided to move Mom into Assisted Living; Mom's been there 1 month. The youngest has been POA for 10 years, next sister is an attorney. I have been the house caretaker as well, dealing with a hoarding situation and many others, with no help from the other 5 sisters. We (POA and I) recently had a disagreement about Mom's money - whether a sum was a loan or a gift. Now the POA has locked me out of our family home of 65 years in retaliation. Can she do this? Also, she and the lawyer sis will not disclose Mom's total assets nor reveal any details on a savings account, where foul play is suspected. The other sisters don't seem to care. Help! The lawyer removed Mom's name from that formerly joint account about 6 years ago, without consent. Is this legal? Mom has some dementia, so they claim to be 'protecting' her. In fact, they have had exclusive access to Mom's funds with no oversight. Is this legal?

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You have been the caretaker for years, and M has been a hoarder. The argument over ‘loan-vs-gift’ money perhaps might indicate that the POA is not happy about things of some value in the house, and is concerned that they might also be treated as gifts.

People who have been doing the heavy lifting in care, for free, often think that they deserve some compensation when it all comes to an end. It is one of the biggest disappointments and sources of friction when that simply doesn’t happen, because it hasn’t been organised in advance. 'Being wonderful' is rewarding at the care time, but it doesn't guarantee compensation when it's over.

You say that another sister is an attorney. See where she stands on all of this.
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Texas has some interesting points of law different from other states. We used to live there. Still an appointment with elder law attorney could be helpful if just to clear away your questions.

Best wishes and prayers !!!!!!
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Your sister can keep you from entering the home. She is obligated not to tell you where Mom stands financially. She is acting as Moms rep. Her decisions should be what Mom would decide. Yes its all legal. You can contest after Mom passes when an accting is done of her assets.

The gift/loan. Did you get it in writing that it was a gift? Did Mom claim it anywhere on her taxes? If Mom ever needs Medicaid and that gift was made within the 5 yr lookback, she will be penalized.
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Financial "foul play is suspected..." Suspicions (and opinions) are not the same as evidence. Take any actual evidence to an attorney and then fight for guardianship if you think she's being taken advantage of. But this doesn't sound like the case, so just drop it.

FYI banks are very touchy and strict so I am doubtful about your claim that "The lawyer removed Mom's name from that formerly joint account about 6 years ago, without consent." Lawyers don't have that power (maybe judges do) and banks don't allow it -- unless the lawyer was also your Mom's legal guardian.

We are only getting your side of the story. I don't think you like the changes and lack of control and don't understand the responsibilities of the PoA. I agree with others who say that you should view this release as caregiver as a gift. Let the PoA carry out her responsibilities -- after all, your Mom chose her. Now move on with your life.
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Your profile says you first lived in your mom's home then a senior apartment with mom. Essentially your mom vacated both places in order to go to assisted living. The POA is responsible to consolidate mom's assets including the sale of the home in order to pay mom's bills with mom's own money. The POA probably feels that the family home would bleed money just in taxes and upkeep. The POA does not need to disclose this with you.
Were you able to purchase the house on your own at market value? Were you paying rent or contributing with any payments? Were you evicted? Somehow I doubt it. You were living in mom's senior apartment. Once vacated, there is no longer need to pay rent and your name may or may not have been on the renters agreement.
The 2 sisters just released you from being your moms caregiver. This should now be a relief to you. You can now find a job and a new meaning for your life. Sort of as a gift. Think about this...now you can visit mom to enjoy your memories with her without the responsibilities. Because mom's future care will become more of a burden in the future and she will need more care for her safety.
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If this was a GIFT then your mom could be in legal trouble over gifting if she is requiring this year or in the next five any governmental assistance such as Medicaid and this is likely why Lawyer-sister and POA-Sister are very upset about this. If this was a loan, I am assuming there was no paperwork? Which would ake a loan hard to prove. A well written POA paper, in the instance of the person who conferred it (your Mom ) being incompetent to act for herself, hold GREAT POWER in that she has a legal Fiduciary duty to act for your Mother as she feels is best in her interest. She also has NO LEGAL OBLIGATION to supply anyone with any details about your mom's finances. In fact she has a legal obligation NOT to do so. She owes explanation only to the court. Were you to file with an attorney to say you believe she is acting fraudulently this case would go before the court and the COURT would examine her records (not you).

It is also a dreadful mess when siblings begin to squabble over a still alive parent. You should see an attorney with your problems and get personal advice you can trust to be legally competent. A Forum with all the opinions of all of us (including me) is nothing to rely upon legally.
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