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Infolawyer, Attorney
Category: Estate Law
Satisfied Customers: 54334
Experience:  Licensed attorney helping individuals and businesses.
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My mom is in a nursing home after having a stroke and is unable

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My mom is in a nursing home after having a stroke and is unable to take care of herself or speak. She is unable to get Medicaid because, long story short, her daughter somehow got a fake POA and withdrew $16,000 and will not provide proof of where the money was spent. The nursing home is owed a little over $4,000 from last year because we thought Medicaid was approved and now Department of Human Services has issued a lien on her home. I also should tell you that my parents are still legally married but have not lived together in over 10 years. My question is, will they make her daughter move out and sell the house or will the lien still allow her to live there until my mom or dad passes away?
Hello and thank you for the question. I am sorry to read of this dilemma. Is there a legal action filed in court?
Customer: replied 3 years ago.

No there isn't any legal action filed simply because my husband and I just do not have the money.

You would not have to leave the property. A lien is just a claim on property. There would need to be a foreclosure or other legal action filed. In the meantime, there is no proceeding to remove anyone from the property so no one would need to leave. Good luck. Kindly click on a positive rating for the answer.
Customer: replied 3 years ago.

So there is no way we can get her daughter to leave the house? I am worried that the nursing home will have my mom leave due to no payment.

The title holder may seek to evict. If title holder cannot do so, a valid poa may do so. If a valid poa does not exist or cannot be granted, a relative may apply to the court to be appointed guardian to do so and may also seek to recoup funds wrongly taken.
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