Property of disabled parent

[lacb123]

My mother was placed in a nursing facility 1 year ago. My Aunt (her sister) took control of everything, including her banking account. I had my moms personal belongings along with her car in my possession, since she lived with me prior to being admitted into the nursing home. My aunt has since came and got her car and has decided she wants to sell it and go through and sell any personal belongings that are worth any money. Is she legally able to do this? There is no power of attorney for my mother. What are my options?

 

[PayrollHRGuy]

What state are you in?

If there is no POA she doesn't likely have the legal power to sell the car or anything else of your mother's.

First, if your mother is competent, you talk to your mother.

 

[lacb123]

Alabama. She is somewhat competent, and has stated she does not want her things sold.

 

[LdiJ]

My mother was placed in a nursing facility 1 year ago. My Aunt (her sister) took control of everything, including her banking account. I had my moms personal belongings along with her car in my possession, since she lived with me prior to being admitted into the nursing home. My aunt has since came and got her car and has decided she wants to sell it and go through and sell any personal belongings that are worth any money. Is she legally able to do this? There is no power of attorney for my mother. What are my options?

Why did you let your aunt take the car if there was no POA?

Bottom line, your mother will not be eligible for Medicaid nursing home assistance until all of her assets are used up. However, some assets can be reserved for the use of the person who was her caretaker prior to going into the nursing home. I do not however, think that her car or personal assets are on that list.

I do not see how your aunt could have taken control of everything without either a POA or a court order for guardianship.

 

[lacb123]

Why did you let your aunt take the car if there was no POA?

Bottom line, your mother will not be eligible for Medicaid nursing home assistance until all of her assets are used up. However, some assets can be reserved for the use of the person who was her caretaker prior to going into the nursing home. I do not however, think that her car or personal assets are on that list.

I do not see how your aunt could have taken control of everything without either a POA or a court order for guardianship.
[/

 

[lacb123]

I was under the assumption that she was taking the car to be serviced, because it has setup for a year. I have the title (not signed over) in my possession.

I believe she told Medicaid that the car was sold to me when I took over care of her in my home. I insured it and kept the registration in my mothers name from the time she became disabled in 2016.

I did not specify but she took my mother to her bank and had her sign adding her to her acct.

I guess my ultimate question is, is it necessary for me to get power of attorney to make sure things are done in her best interest or am I somehow capable as her next of kin?

 

[PayrollHRGuy]

If your mother is competent and wants you to handle things you need a POA.