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During my Mothers last will drawn, the Lawyer said because I've been caring for them for 5 years, I was rewarded their present house upon the passing of both parents. My POA brother wants to move my Father and I out, to rent it, putting us into a older home, 1/2 the size of the present one. With my Father being in the middle of dementia, I'm afraid this will set him back tremendously. Not knowing if I will be compensated for 4 years of past care, with the final sale of the house, scares me. Do I have any say to stop this? Many of their assets could be used for upkeep, as this is the reason my brother gives for moving us.

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Well the house is not yours yet. I suggest both you and your father get your own separate lawyers and fight back.
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technically your father has the final say. The legal role of a POA is carry out the wishes of the person who he is POA for. Unless he's been declared legally incompetent, you should stand your ground and not move - as long as you can afford to stay. Does your father have eough income to support you both there? Can you apply for SSI or disability for your own income? If he IS incompetent but not legally so, you should still be fine, unless the estate has so much money he can go the legal route. Why should you move? You are correct, anyone - unless he is completely unaware of his surroundings will do 100 times better to stay in a real house. their own home that is. Come on peeps, let's give some moral support here. Unless there are other circumstances, no way in hell should you move your dad.
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Happened to me. With your father you could fight back, is your mom alao listed as an owner on the house? Part of the issue with my situation was that my mom's husband is actually a stepdad. They have a prenup that alo mom's assets remained hers, his remained his. So he did not feel it was right to fight. Always the peacemaker. My mom has Alzheimer's and POA thought moving them to a facility would be cheaper. I don't think she actually thought that as now they are paying more than 12k a month for the two of them, they cannot live together. Has dad been found incompetent? He can change his POA anytime he wants. It is up to the attorney whether they think he has the capacity to sign. Is it a standing POA (meaning it went into effect as soon as dad signed it) or a springing (requires a determination from two of dad's docs that he is incapacitated)? Get with Dad's attorney to change the POA. One thing to remember is that Medicaid requires for you to get the house the care for the past two years must have been medically necessary and that he is moved to a nursing home, not memory care, if the time comes you can no longer provide the necessary care.

This is very difficult, I am so sorry you, too, seem to have a twisted brother, like my twisted sister, and have to go through this.
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POA brother is short sighted and short-term focused. As Pam advises, You need an attorney to represent you to negotiate a legal caregiving agreement to protect your interests. Four years of live-in caregiving would cost a fortune from your parents assets if paid for privately by the POA brother.
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Bigski, are you dad's medical POA? Get a letter from doc stating that you dad will be much better off remaining in his current home and that any move may cause a steep decline. If you are not dad's medical poa the doc may write the letter anyway. The POA's job is to ALWAYS make decisions in the best interest of your dad! So many forget this, worrying instead about what may be very costly to them, POA, in terms of inheritance. The asset is dad's and now yours!
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NEVER ever agree to being a caretaker of a parent (or anyone else) expecting some future compensation, unless it has been legally written. It is best to be be compensated on an on going basis if at all possible. I would also suggest being a caretaker only if you are made POA and not someone else. Non caretaker siblings often have little appreciation of the work involved. Bigski talk to a lawyer and be prepared to have to walk away with no compensation.
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You need to see an eldercare attorney and get the POA changed to you. If you all do not fight back, you will be at the POA's mercy
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No doubt the POA can get more rent for the larger home than the smaller one but at what cost to your fathers health and your potential financial loss? In his effort to protect your fathers finances (and his own) brother appears to be forgetting the spirit of what the POA is intended for. Now you are required to take care of your father and protect yourself without the benefit of a legal document. While technically POA may have the " right" to ask you and dad to move you and dad have rights too! But you will have to get legal representation to stand up to brothers. A good elder attorney should be able to tell you your best course of action to minimize your stress and expense in holding firm. Good luck.
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Is the POA having problems paying the bills and taxes? There is a lot of reponsibility renting a place. I think u need a lawyer since the POA is going against your Moms wishes. The POA needs to be looked at to see how its worded. Check with ur Office of Aging. They may no of someone you can pay on scale according to ur fathers income.
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I take care of my mom and I got all that legal garbage taken care of with an eldercare attorney--it wasn't that expensive and worth every cent. I found the eldercare attorney in the phone book and I googled him and people said good things about him, so I used him, and oh I am so glad I did.
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My eldercare attorney took care of the home arrangements (it automatically goes to me when she passes), financial issues...drew up an caregiver's contract. It's all good. He really did take care of all legal issues.
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Check with an attorney and see if the will wins out.
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This is something I have thought of. My mother's house is left to me in the will. However, my brother is financial POA. If my mother is in a NH and needs more money, he has the ability to sell the house to pay for her expenses. Because of this, I do not place any stock in inheriting the house. It isn't a situation I can change by myself, so I just don't let it worry me. It will either go to her care or to me in the end.

However, if my brother tried to move us into a smaller house so he could rent this one out I would ask him what he had been smoking. That's nuts. I agree with others that he just hasn't thought it through.
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As POA it is his obligation to uphold what is best for your father. Selling the home would not be in his best interest. Your dad would also be entitled to the proceeds from the home. And you should legally be able to collect every penny for 24/7 care in those last 5 years.....hope your brother has some extra money laying around, or is willing to sell his own home. Make sure you have a daily care log of your activities. And anything your purchased for the home or your father. Save all receipts, and you can look up expenses on your credit cards. Can't stress documenting enough. You should be reimbursed for it. Maybe if your remind him of this he may think a little more on the subject. Good luck and God Bless!+++
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Sounds like there are some assets, but maybe not liquid assets.
Is the move to a smaller home because the larger home is becoming unaffordable? Nobody likes to have to downsize, but it may be wise. If you do inherit the larger home will you be able to afford taxes and maintenance of it? Personally, I would go with present day compensation, and consider the smaller home as well. As for the compensation for the past 4 years, maybe you can come to an agreement with your dad and brother, maybe you get a larger % than bro when sell larger home after parents pass, but beware if dad needs to go on Medicaid you nor bro may ever see that money.
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So your mother's will left you the house on the passing of both of your parents. Is it correct that your mother has passed away; her lawyer told you of this term in her will; and since then you have continued to care for your father in your parents' house?

Does the house at the moment, then, belong to your father? Or does he have only a life interest in it? (If the house had belonged wholly to your mother, she could have made an arrangement to allow your father to remain in the family home as long as he lived but for you to inherit it on his death.)

If the house belongs outright to your father, you have no claim on it.

Your brother's duty is to exercise Power of Attorney to a) serve your father's best interests and b) comply with what he your brother knows to be his your father's wishes. Unfortunately there is often a grey area where it can be difficult to reconcile a) and b).

But your brother cannot sell the house out from under your father without demonstrating that he is doing this to serve your father's welfare - and that means your *father's* welfare, not just your father's *money's* welfare. This is a fine but important distinction that many financially competent people do seem to struggle with. Alas.

If you are able to discuss the situation with your brother, the important point to get across to him is that changes in environment are seriously bad news for people with dementia, and that your Dad ought not to be moved unless it is genuinely necessary. Your father's money and assets must be used to promote your father's welfare; so as long as your father's funds can stretch to it that should mean staying put.
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How much extra income can he realistically expect from the difference in putting you guys in another home. What is the going rental rate for your current home? Would things need to be fixed to get it ready? What about appliances and other things that might break? Replacing appliances or hvac could put it in the red immediately and the rental income is taxable. Is your brother prepared for 3am phone calls about leaking toilets? If not, he has to pay a plumber. I don't know if the move would even generate enough income to make it worth the trouble. It might be ok for you to live with 30 year old cabinets but renters aren't going to deal with it. Being a landlord is a lot of work and even if he rented to a friend, if/when it goes south, one call to the city is all it takes to get your dad jammed up. It would have to be a substantial difference in expenses to even consider moving you. I'm talking like $1500 or more a month.
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To make a few things clear: Father was deemed incapacitated 2 years ago by 2 Dr.'s. My Brother is POA for healthcare and finances. I am on Medicaid for 4 yrs. now, and my Father has enough assets for the upkeep on his house and his 3 rentals. Being able to afford us staying at the present house is not an issue right now ($900,000 in assets). cetude: I should have POA of Healthcare changed to me?
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Like I said, it still doesn't make sense to move you and rent the house unless the intent is to get more money for himself once your dad passed. I'm not sure how easy it is to change POA if your dad is incompetent, you would have to prove egregious behavior on your brother's part. Did I read that you are to inherit the house and it looks like your dad has way too many assets to anticipate needing Medicaid, right? I'd be concerned about your brother selling or getting a reverse mortgage and leaving you screwed. Obviously, if your dad needed the money, that's ok but since the state isn't going to get involved with the situation, some shadiness can be done without you knowing. I would research all you can, especially the cost effectiveness of renting the house and if/how the POA has to show their transactions. I think you might need a lawyer consult. Let's say worst case scenario, your brother sells the house, your dad passed away before the funds were used, since the house was supposed to be yours shouldn't the remaining funds be yours? It gets complicated and the truth is that your brother has a home but you would be left in the cold if you don't talk to someone now. I'm not sure if you could be paid for the caregiving after the fact so it might be time for a contract. I'm not getting the feeling that your brother is going to be looking out for you when sh&& hits the fan.
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As others said, moving your father is not a good idea. Sounds like brother is short-sighted or wants to accelerate your father's demise. He may not be aware of all his motivations.
You need the best attorney that you can find, eg. a certified elder law attorney. List of them. www.nelf.org
Sounds like your brother has a plan, so you need an attorney to represent your interests. Otherwise, you could be run over by his train. Good luck
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