Thank you for your question. I will do my best to assist you with your concerns. If you would like me to clarify my answer, I will be happy to do so.
Please permit me to answer your questions directly.
MY question is can I legaly sell her home and use the money as I see fit.
No, you cannot. As her 'power of attorney
', you have a legal fiduciary obligation to sell or otherwise transfer property solely in her best interest, not yours. Therefore you cannot sell her home and use the money as you see fit, you CAN sell her home but the funds and proceeds have to be used toward her benefit, not your own.
She does have a monthly income but it would not cover the cost of a nursing home if things took a turn for the worse.She would like me to have the money ! Is this ok?
Sorry, but unless she formally deeds the property to you, you cannot simply sell her home and pocket the funds, even if that is exactly what your mother wishes for you to do. The reason is two-fold. First, the medical facilities can legitimately claim that this is potential financial elder abuse and request that you be investigated and possibly criminally charged. Second, as per the '5 year look-back', those assets (the property) is subject to calculations and pursuit of the medical facilities for her costs if her medical bills go beyond the medical coverage that she now has.
I am very sorry.
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