Estate Law Questions? Ask an Estate Lawyer.
Good afternoon. I am Loren, a licensed attorney, and I look forward to assisting you today.
Which state is your mother living in?
Are you online with me?
Thank you for the additional information.
Tricking your mother, or taking advantage of her dementia, to get her to sign over her house and other assets is a form of elder abuse and it is illegal.
You can petition the court to be appointed your mother's legal guardian. You can then take action against your sister to recover her home.
You will also have authority to make medical decisions.
Additionally, you can report elder abuse to the Dept of Adult Protective Services. They can also help you to obtain guardianship.
See the following link for contact info: http://ocfs.ny.gov/main/psa/Default.asp
As I said, once your are guardian you can take action on her behalf to sue your sister to force the return of her property.
Have you made the office of adult protective services aware of the elder abuse?
You can also contact the NY Attorney General's office to investigate elder abuse
Did you have further questions?
Specifically, what has not been answered? You asked if you could petition the court for a POA and health care proxy. I answered that you would have to file for guardianship, since she is not competent.
As far as the sister is concerned, you would also need to sue her to return the home to your mother's name.
The Office of Adult Protective Services investigates complaints regarding elder abuse, including financial matters (not just physical abuse).
What else did you want to know?