As I understand your question, your mother can no longer live alone. Your mother owns a home in Arizona and your sister who has power of attorney for your mother has indicated that the home is to be sold. Your sister may be taking this action because the funds to be derived from the sale of the home are needed to cover the cost of care for your mother. You have not indicated if your mother is competent at this point to make decisions. Not being able to live alone could be attributable to health issues not mental incapacity. In any event, your sister, who is authorized to act as your mother's agent through a power of attorney document, should not take such action if your mother is competent, unless directed or authorized by your mother. If your mother is incapacitated, and the power of attorney is what is called a durable power of attorney, your sister may act to do this for your mother's benefit. Your sister may control the funds received for your mother's benefit but the funds do not belong to your sister or her family. If there are funds remaining at the death of your mother, if your mother's will provides that her assets are to be split between her children, your sister will be entitled to a share just like the other children are.
Answered on Oct 31st, 2011 at 3:06 PM