My mother has dementia and lives in a memory care facility. Just found her husband has sneakily listed thier house (she is on deed) for sale and is planning on taking the massive proceeds and leaving town. I’d like to protect her. What type of lawyer do I need to make sure I can have just a bit of that money placed in a trust so I can use it to ensure she can continue with her excellent care?
Is it possible he will take his portion, leave town and maybe give up being PoA?
If you have proof of his existing PoA power abuse, take it to an attorney and be prepared for a fight over guardianship.
When she entered MC, their assets should have been split.
Make sure the escrow company is directed to split the proceeds of the sale, directing them that there is a dispute and the POA is null and void.
From what I understood, way back when, the escrow company cannot release the funds if there is a dispute.
The proceeds end up in a trust managed by the attorneys of each party.
I could be wrong. It could be different in your Mom's case.
You will need a lawyer to protect Mom's interest, now.
She will not get better care if she's paying in cash or not.
Her husband is not neglecting her if he's had her placed in memory care. It is the responsibility of the facility he put her in to make sure that her care needs are met.
Unless her husband takes the money and leaves the country, they will catch up to him.
Do you really want to pay for lawyers to go after him and demand your mother's half of the money from the house only to hand it over on a silver platter to the memory care she's in?
All he will have to do is say he changed his mind and decided that as the spouse he will remain in the home.
He's the husband and they're not going though a divorce proceeding. There is no splitting up the house and bank accounts.
You need to seek the advice of an elder law attorney who will advise you on what you should do about this problem.
Good luck.
Is her husband paying the memory care? If not, who is paying?
Have you called the realtor who has the listing and asked whether or not s/he is aware that your mother exists?