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now I am having issues with a sibling that never visits him or hasn’t helped take care of him , but wants to come take over his house since he’s not there.

If your father isn’t coming home again, put the house on the market for sale. Get a ‘For Sale’ sign out the front. That should solve the problem. If you think your sibling might just move in, change the locks.
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Reply to MargaretMcKen
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Barb55 14 hours ago
Thank you , but Is there any legal step I can take? , for example , like have my dad put my name on the deed.
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It depends on type of deed. Did you consult with an eldercare attorney? You also have to consider homeowner insurance. They can drop coverage of they know it is vacant.

The laws varies by state. For example in NYS, If it is a straight forward deed the sale of the house will pay for LTC and medicaid will be suspended until the spend down has completed. You need to reapply but should be expedited if communication with the office was good.

As POA you can determine if the sale is needed.
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Keeping your brother out of the house is a relatively easy task - if you are indeed your dad's POA, and you now have the capacity to act as such, just change the locks to the house. I myself would also go to whatever attorney drew up the POA documentation and ask him/her to draft a letter to brother, stating he is not allowed to take up residency in dad's house, and should he do so, he will be arrested for burglary.

That said - how do you, as POA, intend to keep paying for this house if dad is on Medicaid? Paying as in maintenance, taxes, insurance, HOA fees (if applicable), etc.? Could you trust your brother enough to allow him to live in the house if he were to take on those financial obligations? If so, again, I would have a contract drawn up to that effect and make him sign before allowing him access to the property. I would also have ironclad language in the contract that once dad passes, the house will be sold and the assets distributed according to dad's will, and that he, your brother, will be expected to vacate the premise at that time so it can be sold.

More importantly, I also have to question the NH's stance that the house can't be sold because dad is on Medicaid. Usually, once someone in on Medicaid and their house is finally sold, that person comes off Medicaid temporarily and goes back to private pay until the proceeds from the house are gone and then goes back into Medicaid. I would double check that with an attorney in your state who is well-versed in Medicaid procedures; otherwise, it might be a long, expensive journey for you, as dad's POA, to keep up the costs that go with home ownership, since that money will likely be coming out of YOUR pocket, since dad is already on Medicaid. And depending on how long dad lives in care, you might not be able to recoup those expenditures after the "claw back" from Medicaid is done after dad passes.

If you can sell the house under these conditions, that really might be your easiest path through this situation.
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Medicaid rules can vary by state, this is why it's important to ask this question to a certified elder law attorney for your Dad's state of residence.

Next, you need to read your PoA document to see if you actually have the authority to do real estate transactions. There should be a paragraph that deals with this specifically. When I recently went to the DMV to get a duplicate title for my Mom's car, they poured over my PoA paperwork to make sure I had the authority to request such info and to buy/sell her car.

I agree with everything notgoodenough wrote to you, including questioning who is going to pay for the upkeep of the home. If you have renters in it, it will count as income for your Dad. An empty house is sometimes uninsurable. If your Dad has cognitive impairment he likely is no longer legally able to add your name to the deed (this might create tax exposure for you). This will also set off a poop storm with your sibling(s). Plus, Medicaid would likely look at this as gifting.

I think you feel bullied by your sibling but you shouldn't. You already have a legal reason to keep your sibling out: because you need to sell the house to pay for your Dad's care. If you figure out a way to keep the house you should know that Medicaid puts a lien on it that will need to be satisfied by the next owner, whether it is inherited or not, so the house will still cost whoever gets it (this is part of MERP: Medicaid Estate Recovery Program). You can review those rules in your Dad's home state to learn more specifics.

In my home state Medicaid had my MIL reapply her second year. When they saw nothing changed, she didn't have to reapply for several years, and then again (I think 5 years later) she had to reapply. You need to be very careful how you manage the house thing. For now you can tell your sibling that you are consulting with the CELA as to what to do with the house and they cannot move in until this is figured out. Period. Then stop having this conversation with them.
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Reply to Geaton777
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You can sell this home for your father and he can be in care as self pay on the funds from the home. I say this--but it is dependent on whether or not your POA is well written by an attorney and ALLOWS you to sell this for him. It is crucial all funds go into HIS name in HIS account with you as POA.

You are POA. You have the rights to manage his home for him, to rent it out for him (which changes his income) and to decide who might live in it to manage it, pay its taxes and keep things running well as a "house sitter".

See an elder law attorney for advice would be my advice.
You almost certain have rights of eviction of "squatters" as well. Though if you have an out of control and uncooperative sibling you are at war with? Those things can get ugly and cause damage of all kinds.
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