Or be able to transfer a deed to her home? My mom has a home in Iowa and my brother is living there paying no household, expenses, electricity, water and gas and also her property tax. She is now living in an assisted care facility in Minnesota to be closer to us(two daughters) which have durable power of attorney. Is there anyway we can transfer the home to a trust? Or transfer the deed so we can sell the property as she will probably need the money to continue living in assisted living or future Alzheimer"s unit. Or what do we do? I know getting a conservatory is expensvie and we do not have the funds to do this. What are our options? We were told we can not force our brother to move since he has lived all his law off and on for the past 50 years. He has no job and can not pay for any of the ultities, but we can not turn them off because of the cold weather so our mom is still paying for them and she really doesn't have the extra money to do this. Any advice???
To answer the question, with a DPOA you can do anything that your mother would have been able to do in her own right before she lost competence - the same freedoms, the same constraints. You act as if you were her, and in her best interests.
If her assets are required for her care, you will need to find out how you go about selling the house where her dependant is living. The thing is, your brother is also entitled to whatever state support might be available to him. Ok, he's not paying any bills and he's living there rent-free, but what is his income? What are his resources? Sort him out, and then you should be freer to access your mother's assets for her care.
There are two sources of information I'd consult: the first is the attorney who drew up your DPOA, and depending on what advice you receive and how close your mother is to running out of funds, Medicaid.
Have you discussed the situation with your brother? What, for want of a better way of putting it, has he got to say for himself?