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Monday, February 4, 2013

Mom's in a nursing home; can we sell her house and divide the money?

Do you believe that other people should be allowed to take your money away from you - and I'm talking hundreds of thousands of dollars - because you are old and they think you don't need it? Of course not! So why do so many people think they can help themselves to their parents' estates without permission before the parents even pass away?

Here is a note I recently received from a reader:

"My mother has just been panelled to a Nursing Home. We are 5 children and one is her POA, and executor. Her will says that the house is to be sold and divided between the 5 children. Is it not best to sell the house right away and divide the money between the children, rather than keep it in a seperate account till she passes?"

Would it be best to sell the house and divide the money right away? Best for whom? And why are you following the will of someone who isn't dead?

This is a subject that I've been asked about many times over the years, and I have to confess that it irritates me no end. Your mother's will says that the five of you are to inherit the proceeds of the sale of the house after she passes away.  That's what wills do; they talk about what happens to an estate after a person dies. She hasn't passed away. Therefore, no, you can't have the money.

The executor has zero power to do anything at all while your mother is alive. The will has no effect while your mother is alive. So nobody gets to act as her executor yet. Forget the executor and the will while your mother is still alive. I hope I've made this point clearly enough, not just for you but for all of the other readers who ask me this question repeatedly.

Now let's look at the attorney acting under the Power of Attorney (POA). Has the POA been brought into effect? Don't assume that because your mother is going to a nursing home that the POA is automatically in effect. Going into a home likely has no effect on it at all. The person named in the document should read it carefully to see what has to happen to spring it into effect. In many provinces that means having a doctor sign a declaration of incapacity.

Once the attorney under the POA has properly sprung the document into effect, the attorney has to do what is in the best interest of your mother. Maybe this means selling the house. If your mother is never going to be able to live there again, then perhaps that's the best thing to do financially. However - and this point is NOT to be overlooked - the sale proceeds of the house must be invested for your mother. The attorney under the POA does not have the legal right to distribute the funds to you five. He or she risks financial penalties, removal from the job of POA and perhaps even jail time for that, depending on the circumstances.

Rarely do posts move me to use quite as much underlining as I've used in this one, but this topic is so important. Over and over again, I see children with an over-inflated sense of entitlement taking money that doesn't belong to them on the philosophy that "one day it will be theirs". That day hasn't arrived yet.





39 comments:

  1. Very good post. I'd be interested to know how often people in the women's situation (that is, the mother) choose to divide up at least some of their assets before death so that the kids can benefit and mum can see how she's been able to help the kids while she's still alive.

    ReplyDelete
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    1. Dividing up assets while you're still alive is an option, but not one that everyone can afford. The trick is making sure that you've kept enough of your assets to pay for your future care and a comfortable, secure lifestyle. In an awful lot of cases, a parent dies leaving little more than the home, contents and a small bank account.

      Lynne

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  2. Love your articles and they sure have been a great help in the estate case that I am involved in. One of them helped get a ruling. Thank you for the terrific information.

    I have a related question on home sales of this sort. A parent or relative is placed in a home and her executors (also two of 3 residual beneficiaries) are named POT for the sale of her family home. There was no mention to the remaining beneficiaries about the proceeds from the sale of the home until the estate had been contested and during discoveries executor stated that the elderly woman of declining health "gifted" the executor the money from the sale. There were no witnesses and very uncharacteristic of the elderly lady to do such a thing. Can an executor accept money like that without disclosing it to the other beneficiaries.

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    1. Interesting that it "helped get a ruling". Glad to hear it! Would love to know what specific issues or posts were involved.

      On to your question: The executorship is irrelevant to the receipt of the money, as the parent was alive at the time and therefore there was no executor.

      It's really common that a child of an elderly person claims that money was given to him or her. Sometimes it is; sometimes it's not. Yes, the POA can receive a gift without notifying anyone. You are not beneficiaries while the parent is alive. However, it's a complicated area of law, as a POA is not allowed to benefit from his or her position as POA. This is why gifting is claimed.

      Usually this kind of transaction is discovered, as you say, after the parent has died. The POA has a duty to report all transactions, including gifts, to the executor. Doesn't help much when it's all the same person.

      There may be a way to deal with all of this that's cleaner and clearer than getting bogged down in POA and executor's duties. Is the person who received the funds a child of the deceased? If so, he or she must have their inheritance decreased by the amount of the gits. This is the "presumption of advancement" and applies to all kids of the deceased, whether or not they are POAs or executors.

      Lynne

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  3. Lynne, I stumbled about the obligation for French (France) children to help in paying the costs of a nursing home in the case the parents' income and state's subsidies are not enough. Is this the same thing in Canada by law?

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  4. My brother, myself and my sister are POAs of Property for my mother, who is in a nursing home. She has not been deemed incapacitated although she has some dementia.
    My brother is also on the deed for her house to save on probate taxes. He wants the house to be put up for sale and the contents sold or distributed to family while our mother is in long-term care - since she will never be returning to the house.
    It is my understanding that Mother considers the house as part of her estate. But her Will, which has the estate being divided up equally among 7 children, does not list specifically her house. Should mother see her lawyer to correct this omission before the son pushes through this sale?

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    Replies
    1. People like your brother irritate the heck out of me. Where on earth does he get the notion that he can sell another person's home just because he wants to? Sure, he is on the POA but you have said it is not in effect. Nobody can use that POA until it is properly brought into effect. I'm guessing by the wording of your question that the POA doesn't come into effect without a declaration of incapacity.

      Supposing that in the future that declaration of incapacity is made, it might be a good financial decision to sell the home. However, if you or your brother or anyone else takes the proceeds of the sale, they are stealing. The proceeds of the sale of the home MUST be invested in your mother's name.

      Having your mother change her will is probably not going to help matters. You and your sister need to refuse too distribute the proceeds of the sale, and explain the law to your greedy brother.

      Lynne

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    2. Anyone who makes comments like you should be not allowed to practice poa why is everything stealing ? My mother is still alive and I need medical care you think my mom wouldn't help me even if she wasn't in a home ? You should just keep you're mouth shut telling people what is right and not what or who has the power

      Delete
    3. Hi Frank. If you don't like my comments, don't read my blog. Bye bye.

      Lynne

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  5. Lynne, how could the brother be stealing from a legal perspective when anonymous has already stated that the brother is on the deed of the property? It is my understanding that he is legally part owner of the property and that cannot be disputed unless the brother signs a quit claim deed to volunteer in removing his name off the deed; which of course is unlikely. After the sale of the property, mother and brother would have to split the proceeds 50/50.

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    Replies
    1. The brother is on the title but he does not have beneficial ownership of the home. If the home was sold, he would not get 50% because he was on title solely to save on probate costs, and not because the mother wanted him to inherit the property. The court would find that this was not a true joint ownership, and that the brother was a trustee of half of the property on behalf of the mother. This has been the law in Canada since 2007. People who put their kids on their titles like this are just asking for legal problems, and usually they get them.

      Lynne

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    2. Hello Lynne, I have some questions regarding similar situation within our family. Could I email you privately? I don't want to post this with my name..thanks

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    3. Yes, you can email me at estatelawcanada@gmail.com.

      Lynne

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  6. Thanks Ms Butler..I will email tonight.

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  7. Great article! So glad I found it.

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  8. Our dad is in a long term care facility since early this year. He has early onset dementia although he can converse very well at times. His mobility is the real issue..he is a high fall risk therefore he cannot be in his home. He requested his house be sold and it was and he also requested the proceeds be given to his children who are also POAs. He has enough savings and the children look after his investments to make sure they continue on he also receives sizeable pensions. Can this be done? Thank you.

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    1. In my opinion, no.

      The first issue is whether your father has the mental capacity to give away his money. You said he has dementia, which is an indicator of lack of capacity to deal with financial matters, though not always.

      The second issue is that of Power of Attorney. You also mention that the children "are POAs". You don't actually say that they are acting under the POA, but I think that's what you mean.

      If your father has someone making decisions for him, then I think we can agree that he doesn't have mental capacity to make his own financial decisions. So we know he can't give the instructions you mentioned to share out the money. That leads us to what the children can do using the POA.

      They can sell the house and they can invest the money in your father's name. They cannot share the money among the kids, as POAs cannot give away funds to people who are not dependents. Secondly, POAs cannot benefit themselves (or their spouses, kids) using the funds they are looking after.

      A lot of people in your situation just can't see the harm in it, so they go ahead anyway. Just keep in mind that it only takes one person to get his/her nose (or his/her spouse's nose) out of joint and raise a fuss, and all of a sudden there's legal trouble.

      Lynne

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    2. Thank you. His children, they are grown, adults, grandparents themselves, are the POAs. It was their dad's wish to sell the house and gift them the proceeds. He has a sizable sum in the bank and receives a sizeable pensions. He is well looked after financially even without the proceeds of the home and his children take care of him also. They visit every day or every 2 days.His children also have no argument or disagreement with each other, they get along. Also, in his will it is indicated to split evenly, but he wants them to have this now due to his situation.

      Delete
  9. Great website btw!
    Here's my question. On a home owned by a surviving parent (suffering from Dementia), can one of 3 children (who was been named POA) take it upon himself to move in rent-free to avail himself of his own debts and financial obligations? Presume that the other two siblings object to this. All three are named as equal beneficiaries when the homeowner passes away.

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  10. tony at 705-607-1277October 13, 2015 at 10:31 AM

    what do i do when i told my sister poa that she is illegally preventing me her brother from seeing my mom, she will not even tell me where my mom is staying and the name, i have no charges or restrictions against me.i went to my moms doctor and he would not tell me either, they said that it was patient privacy, but i truly know that my mom wants to see me and talk to me, she has no phone and my sister took away my moms phone book.she is over abusing her poa rights. help

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    1. Tony, I'm really sorry to hear about this very distressing situation. I'm not surprised that the doctor's office won't help you, as they do have to protect patient privacy. You will have to focus on the law now.

      Here are some of the things you might want to consider doing:

      Find out whether your sister actually has the legal authority to do what she is doing. Is the POA one of property only, or does it also cover personal and health care decisions? These documents can really vary between provinces and even within a province. You need to be armed with the facts.

      Mediation with your sister might be useful to come to an agreement about your seeing your Mom. At least you would find out what the problem seems to be and why she is doing this. It could well be nothing to do with your Mom and your sister is mad at you for something else, but you'll never know if you can't get her talking.

      If all else fails, hire a lawyer to challenge her on her abuse of the POA. That's the hardest and most expensive option, so perhaps save that for the last resort.

      Lynne

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  11. My mother is 94 and is suffering with advance dementia and we need to move her to a nursing home. That means her house must be sold. The problem is my brother. We both have joint POA for both medical and financial affairs.
    I knew my mother had been lending him money from an inheritance she received when she was 87 but until I found her records I had no idea that he had completely drained her bank account. He 'borrowed" $19,000.00 between 2007-2009 and still owes $8,700.00. However the loan agreement that her lawyer drew up for repayment in 2009 was destroyed by brother when our lawyer retired and my brother got hold of her will and the loan agreement.
    He lied about bringing the will to her new lawyer and it was only after the bank lost the POA in 2015 and I asked the new law firm for a copy, that I found out the will was missing. After a month of lies and hemming and hawing, I reported the theft to the police and the next day the will magically reappeared in a place I had searched several times. However, the loan agreement never resurfaced and I only found out the extent of the amount of the loans when I recently got access to her bank records.
    Now he is demanding that he get a Gift Deed of $20,000 when the house sells. I told him the money had to be put aside for our mother's care and no one could touch anything until she dies, but he is insisting this is completely legal. I am so sick of his greed and entitlement. Thank God it is a joint POA but can he get this $20,000 if I refuse to sign it over. Personally I don't think he should be POA as he doesn't have my mother's best interests at heart.

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  12. Our 86 year old mother is a widow & suffering with moderate Dementia. I found evidence of statements that proved that my sister as POA was using our mothers credit card for her daughters personal purchases. Plus my sister had withdrawn over $40,000.00 of unexplained purchases without having receipts from our mothers account. I attempted to handle this as a family matter but she wanted nothing to do with it. I was told to mind my own business. My brother also told me to do the same. My sister stopped talking to me & retained a lawyer to act as a mediator. So now any questions I have concerning our mothers affairs have to be sent via email through the lawyer to my sister. It has been 3 months now since my discovery. Finally my sister agreed there was an excess amount spent in 2015, so she decided to pay back $20,000.00, after the house sells & she receives her share of the proceeds of the home. I believe she should have paid back more, but that was her own decision. My sister is now looking into putting our mother into a Retirement Home while she is waiting for a placement in LTC. I agree our mother needs a team to care for her. So now the home which my sister has 1/3 ownership of with her own mortgage is going to be put up for sale, but not right away. My sister wants to live there for up to a year, even after our mother goes into a Retirement Home within the next month. My sister has lived in that home for 16+years with only having to pay for the taxes, while my parents paid for the utilities, etc. My sister claims everything was fair in her eyes. How do I propose that she sells the house ASAP & she has to pay her mortgage debt & move out. My sister feels entitled to being able to stay there as she feels she needs time to consider her options. Plus she is expecting that the financial expenses of utilities, repairs should still be my mothers responsibility even if she is not living there. Our mother does have an investment & receives a good amount of pension, which would pay for her Retirement Living for 5 years & than after that would have to use the proceeds from the sale of the home. I cannot afford a lawyer & I feel like I am being told what is going happen, without my sister giving any consideration of my opinion. I feel like my hands are tied...what do I do to help to protect my mothers assets.

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  13. I was researching online and came across a Financial Post article at http://business.financialpost.com/personal-finance/retirement/inheritance/giving-your-inheritance-now-has-benefits which reads...

    Contrary to popular belief, since we have no gift tax in Canada, you can give your kids (or for that matter, anyone) as big a gift as you want during your lifetime and the gift will be completely tax-free. Now, if you are giving them property that has gone up in value, like the family cottage or appreciated stocks, you will be deemed to have disposed of the property for fair market value and you may be liable for tax on capital gains at the time of gifting. But if you give cash or other property that hasn’t gone up in value, the act of gifting itself is tax-free.

    When the kids receive that gift, they could use the funds to pay off their mortgage, thus reducing the amount of non-deductible interest they are paying each year to a third-party outside lender. Parents who are nervous about doing this because they may not want to benefit the child’s spouse should the marriage break down will often take back a registered mortgage on their child’s home, charge no interest and perhaps forgive the mortgage down the road.

    This seems contrary to what I have been reading on your site. Can you please clarify. Thanks so much.

    ReplyDelete
  14. My Dad died in 2014. My Mother has decided to go to a retirement home. She requests the house be sold that's in her name and funds be used for her to live there. Is this alright? I was told the funds had to be turned over to Medicaid or the retirement home and could not be put in her account and used for the stay there since it was over $1600.00

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  15. My mother-in-law after her husband died, added her youngest son to her expense bank account as joint and several. Her savings account was put into his name only. The accounts were her's, he did not contribute to the balance. When my brother-in-law's 1st wife threatened to take the savings account as part of their divorce, my husband was added to the savings account with his brother, either to sign. Mom's expense account is joint, her and the youngest and her savings is in her two son's names. My mother-in-law always referred to this savings account as her funeral account.
    Last year, when my husband started talking to mom about going into a senior residence, he thought it odd she kept going on about the cost. He talked to her about selling her house and using some of the funds to cover her monthly shortfall, she would reply, she had to talk to her other son. My husband after becoming suspicious, ask to see her property tax bill. He discovered that his mom had signed the deed to her house, to his younger brother and his brother's second wife. His mom had no ownership and no back up plan should his brother die before the mom. When he asked her why, she claimed she knew she was a strain on the youngest son's marriage and basically this was a way to help.
    Last year, my mother-in-law did go into a residence and within two weeks, the youngest son and his 2nd wife had the house cleared out and on the market. He sold it under market value, we assume to avoid capital gains.
    The youngest son and his wife took all the proceeds from the sale and gave mom nothing.
    The only money she had left was her funeral account in the name of her sons. Money was transferred from this savings account during the year to mom's chequing account to cover her expenses. Recently when my mother in law's health declined, my husband looked at the joint account he held with his brother (mom's money)and came across a transfer of half the balance. When he questioned the bank, about the receiving account, he was told it was not an account with his mother's name on it. They suggested he talk to his brother. The money was gone for two weeks and then replaced. It was transferred to a personal account not in my mother in laws name. My husband is concerned, that if he asks about the transfer the money would again disappear for good.
    We are at our wits end, since this account is the only funds left to support mom's monthy expenses and pay for her funeral when the time comes, she has no life insurance or other investments.
    I feel my brother-in-law can not be trusted with his mom's money. I feel he manipulated my mother-in-law to sign over the deed, elder abuse comes to mind, as mom felt signing the house over would help his marriage. In other words someone made her feel his marriage (s) failures were her fault.
    My mother in law, speaks little to no English, so we are not sure how a lawyer would have or could have agreed to this deed transfer, when the person benefiting from the transaction was the person translating.

    ReplyDelete
  16. Mother is in a home, my sister has POA.
    She wants to sell and I want to rent.My mother's been in the home for two years. We just now have started to clear out the house. After clear the home all of my mother's jewelry is gone. My sister never mention it once. I asked several time and she said I don't know.Her family were the only ones who had a key
    And alarm. I know she has taken it. She doesn't what to talk about the jewelry and sentmental it's that belong to my parents that are also gone.Not once did
    She question the aware about of what's missing. I have proof the my sister and her daughter have taken from my mother before taking advantage of her dementia.
    What can I do. I am so mentally and eemotionally drained.

    ReplyDelete
    Replies
    1. If all of this is happening because she wants to sell and you want to rent, then I'm afraid you are going to be unhappy. If your sister is acting under a valid POA, she has the right to make the decision to sell the home. It would be nice if people would actually listen to each other and reach an agreement, but it sounds as if that isn't happening here. If it comes right down to who has the right to do what, she is the one in control.

      If you have proof of a theft, I suggest that you share it with the police.

      If you believe that your sister is taking advantage of your mother, you can object to her actions, ask for an accounting of her transactions, and possibly get her removed from her job as POA. But it takes time, money, and a lawyer to take it to court.

      A lawsuit won't help you feel any less mentally and emotionally drained, unfortunately. If you feel this is the only way to put a stop to what's happening, go ahead and start the lawsuit, but please consider mediation early on in the process. This might avoid a trial, a huge loss of money, and the end of your relationship with your sister.

      Lynne

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  17. My father died in 2007, my grandpa died in 2009. Left Survivors are my Aunt and Grandmother. My Grandmother had dementia as was stated to me in 2009 via email by my Aunt shortly after my grandpa passed away. I told my aunt that since my Dad, her brother, passed away that whatever my Dad was set to inherit from my Grandmother would by law pass to me his daughter. My aunt replied to this that shortly after my grandpa died, her mother(my grandmother) asked to be taken to the lawyer and wanted to give her property and all her assets to my aunt because no one else cared about her. This occured after my aunt had already told me she had dementia and cannot remember anything let alone even answer a phone.
    My aunt then.promptly put my grandmother in a nursing home, sold the house for all profit as there was no mortgage since 1969, and took title/ownership of everything accounts etc
    This was 2009. It is now 2017. My grandmother is still alive and in a nursing home in White Rock BC. My Aunt took the money and bought hundreds of acres in Northern Edmonton and has a hobby farm/ wannabe bed and breakfast and retired early.
    The sad thing is I let this all happen because I didn't want to spend money on legal fees or be that person. When my aunt is the one that deserves to be in jail for stealing and lying.
    I should l inherit in my Dad's place by BC law, she knew this and thought she was entitled and talked my grandmother into signing everything into her name.
    What an awful excuse for a human being. She has left my grandmother in a nursing home with no family around since 2010... 7 years.
    Really just need a date from a doctor as to when she was first diagnosed with Dementia because signing over off all her assets after diagnosis is a crime.
    What an awful excuse for a human being my aunt is. Karma will get her. Nice to know that I technically own half of that property she purchased up in Northern Edmonton.

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    Replies
    1. I'd have to argue with you on the "signing over assets after diagnosis is a crime" part. If only it were that simple. The police rarely get involved in this kind of thing because it's not black and white - the existence of POA documents makes it unclear whether the person is acting lawfully until it's decided by a judge.

      Yep, your aunt sounds like a piece of work. Unfortunately there are an awful lot of people just like her, taking advantage of seniors who trust them.

      Lynne

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  18. Quick question
    Lady "X" (for this purpose no names and we'll call her that) has changed her will to add persons "A & B" to receive her house in her passing and changed her POA from one sister to another "Y" then 2 months later X is deemed incapable and has dementia so A and B live with her and care for her and arrange foe everything to be safe for her to be home still like X wanted. X breaks her hip is on hospital for 4 weeks and then is told she can go home by doctor but POA Y doesn't want her to for saftey reasons and puts her in a retirement home waiting for a bed at long term care. So my question is since A and B still live at the house and it is being willed to them is the POA (POA for care and property) able to sell the house before A passes away to gain profit and be sure A and B don't get it in the end?

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  19. Hi Lynne, wondering if you could guide us.
    I live in Ontario, my husband and his brother hold joint PAs for their 95 year old mother. His brother is joint with his mom on her bank accounts and bank refuses to add the continuing PA without mom being there. In spring 2015, mom was moved to a retirement home. At that time we found out,my brother in law had mom (in 2005) transfer ownership of her house to him (no cost). Within days of mom going into a retirement home, brother in law and his wife cleaned out her house and sold it, mom received no funds. Her retirement home was costly and used the majority of her money.
    In 2016, my husband had to move his mom to a nursing home, as her dementia had progressed. At that time his brother was on vacation in Europe. My husband discovered $15000 had been transferred from his mom to his brother's own account. The brother pretty much does or attempts to do things without the joint PA and then when a signature is needed, he offers no explanation or proof. Recently an accounting firm who did mom's 2015 income tax ask my husband to sign a T1 adjustment, transferring mom's medical benefits and disability amount to his brother. My husband asked to see the full return but was ignored, so he did not sign. Later his brother left a voice mail stating mom owed $1200 to CRA and if he did not sign he would take the money from his mom's account to pay. My husband called CRA and was told, she did not owe any money. Finally, the accountant sent the 2015 tax return to him. She owed no money, but we did notice, her rent to the retirement home etc, was never claimed as a credit. We can only assume at this point that his brother has claimed he is her caregiver in order to decrease what he owes from the sale of the house he had signed over to him. (he did not live there). What can we do to prevent this man, from taking advantage of his mom and his sibling.
    It is really starting to look like he thinks his mom, is his cash flow.

    Mal

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  20. I am writing this in 2017 and wanted to know if all the information in the article and replies still is the same as I was told that with the POA I have I can sell the house and distribute the assets. I assume from everything I have read here that this is not the case but wanted to be sure nothing has changed since the writing of this in 2013. Thank you in advance for clarifying this for me.

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  21. My mother and father both have Declarations of Incapacity which executes the POA for me. Canada Trust says that if either one of them goes into a branch, they can still remove any and all funds. I am worried someone else in the family may try to get access to all their money. How can I secure these funds so Grandma does not buy the cute grand daughters a car or some other such nonsense when they exert undue influence or manipulation?

    ReplyDelete
    Replies
    1. Close the account and open one that requires your signature. Note that you cannot put the funds in your personal name, but you can open one that says "X, power of attorney for Y". I am not suggesting that you cut your parents off from any funds at all - it is their money after all - but sometimes there are risks that need to be addressed. If they enjoy and can manage using a debit card, for example, instead of closing their account entirely, leave funds in there that they can use for their own purposes and just put away the savings.

      It's a balancing act between protecting them and being heavy-handed. I really hate seeing seniors cut off from their own money, but I also hate seeing that grandchild drive away with Grandma's entire life savings.

      Lynne

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  22. This comment has been removed by a blog administrator.

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  23. Hi Lynne,
    My father has late stage dementia and after caring for him for 4 years he has now been in a care facility for only a few months.
    I just found his will that is unsigned.
    I am the POA. What should i do?

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    Replies
    1. There's not much you can do. You certainly cannot sign it for him. If it was prepared by a lawyer, contact that lawyer's office to see whether one was signed at the office, because the one you have might be a draft or a copy. Check the bank safe deposit box, if there is one, to see if there is one there. If he passes away and you have not found another will, you are not going to be able to probate the one you have.

      Lynne

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  24. hi Lynn, my grandmother was just placed in a nursing home the end of last year.Before this My grandfather was placed in a nursing home and resided there for 6 years. During that time the facility that my grandfather was at drained their savings and my grandmother was force to put there home on a lien in order for my grandfather to be placed on state aid. After my grandfather passed my grandmother resided in their home for 8 years. Now that my grandmother is in a nursing home permanently, my mother shortly decided to move in with her new husband and son. My mother stayed there for about 6 months. Now she has moved out of my grandmothers home and has taken all of my grandparents possessions. She is now in the process if she has not done so yet, selling all of their possessions and keeping the profit for herself instead of having it go to my grandmother who is still alive, but lives with dementia. My mother Claims that she has obtained permission from my grandmother. But I know even if this is true, my mother is taking advantage of my grandmas state of mind. From what I understand, my uncle (my mothers brother) has my grandparents Will. My mother was written off the Will a long time ago. The 4 Grandchildren are the only ones that are on this Will. I've confronted my uncle about this and he wants no part of this. I understand the will is not concrete until my grandma passes on.However My grandparents raised me. This breaks my heart, what my mother is doing. I don't know what to do or how I can help my Grandmother. I just don't want my grandparents possessions sold and my mother profiting from this. What can I do?

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