I moved to Alabama from New York in June of 2014 to care for my elderly parents. My father died in July of 2015. I have continued to care for my elderly mother. My sister has power of attorney and intends to place my mother in a skilled nursing facility this winter. Her expenses will be covered by Medicare and private insurance. My question: Do I have any residency rights in her home, once she is placed in the facility? Or can my sister sell my mother's home and force me out?
Someone named as proxy in a durable power of attorney has the powers only as stated in the enabling document.
The seller can hold the mortgage and the payments go to the patient's care.
Would that be possible?
What agreement did you draw up with your Mom and/or your sister prior to moving to Alabama? If the agreement says you can continue to live in the house for a certain number of months after Mom moves to skill nursing, then there shouldn't be an issue.
If there is no agreement, sorry, but the house can be sold to use to help pay for the care of your Mother after the Long Term Care insurance runs out [Medicare is limited on what it will pay after 20 days and up to I think 100 days]. Or could you possibly pay rent while living there, then that money would go for the upkeep of the house, taxes, homeowners insurance, repairs/replacements, and some would go for your Mother.
How is the house handled in the will?