QUESTION
How do I handle my mother, being on the deed to my home and home owners insurance?
Asked on Oct 20th, 2020 on Elder Law - Pennsylvania
More details to this question:
Good Evening, I have a loaded question. As of Jan 5 2020 my mother was placed into a nursing home for extra care. Up until that time she lived with me and my family. When I purchased my home, my mother and I went in together to buy it. Her name is not on the mortgage of the home, nut its on the deed & home owners insurance. My brother is her POA. However I am expecting an check for an insurance claim due to a flood in my basement. Do I need either of them to sign the check. Also how do I protect myself and home, if in the future my mother passes. And my brother not taking care of my mothers finical obligations? Thank you for your help.
1 ANSWER
2 Awards
If the insurance check is made to you both with "OR," you need not trouble your brother to sign as your mother's agent under a Durable Power of Attorney in order to deposit it. If the word "AND" is used, you may need to do so.
Unless your mother lacks legal capacity, she can sign a deed gifting her interest now (not a good idea as it would disqualify her for Medicaid for a time) or on her death.
In some states, any heir can ask the court to look into the apparently suspicious dealings of an agent under a Durable Power of Attorney. In all states, the suspicious dealings can be reported to Adult Protective Services.
If you would like to consult with an elder lawyer, you can find one near you on the website of the National Academy of Elder Law Attorneys (www.naela.org).
Answered on Oct 21st, 2020 at 6:04 AM
This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.