Legal Question in Elder Law in Massachusetts

My mother has had a two strokes and now is disabled.

She had her first one and I moved into her house and started taking care of her financial and health issues. I have what I believe is a Durable Power of

Attorney.

I previously had the bathroom in her home renovated and took my Mom out of the Nursing Home and brought her back into the house. I was going to

have a home health aide and a nurse come over daily. Well, my Mom had two wonderful days at her house and she suffered from another stroke. She

spent a week in the hospital and then the Home Health agency told me that I probably would not be able to manage her, because she was now

resistant to being handled and cleaned up.

I have consolidated all of her bank accounts into two accounts, and she has enough money to private pay at the nursing home for about a year. Plenty

of time for me to get something going.

My problem is, I now have to get all of her funds into an annuity and I cannot spend anything on the house. If the temperature dips below freezing, the

pipes in the house will probably freeze. I have her lifetime belongings and mine as well in the house and I cannot seem to kand a job.

I have been studying Real Estate Investing for about two years and have become knowledeable about how to buy, sell and flip for a profit using mostly

other peoples money. I am desperate not too lose all of our belongings and house.

My Question: If I deposit all of her money except about $4,000.00 and I create and record a Promissory Note to the estate for the $4,000.00 payable to

my Mom's estate before she runs out of money, will this be illegal? She is not able to sign the Note at this time, so I would have to sign my name and

put in P.O.A. and then write her name in.

I thought of creating a Promissory Note by myself and trying to sell it but my credit is a little weak. I figure, I would pay the Note off, within the first

six to nine months and make additional deposits to her account to help her

I am not out to steal her money at all, I just want to save the house and contents, and provide myself with a career that I will love to do. If I start

making good money, I intentions would be to bring her back into her own home again, where she will be cared for here with me. I am figuring the

Prommisory Note will show my intentions are good and not sinister. I love my Mother very, very much. I know that she would do this for me if she

could communicate with me. Her speech is tough now and I cannot understand what she is saying. I see her every day.

This is the ONLY idea, I can think of to save her home from becoming a Vacant Property and all her contents and mine from getting stolen or given

away for a song.

Please help! The business would be a small LLC. I would buy low using an Agent as my partner. I would then seek to get the right to buy. I would

probably be getting the Earnest Money from the third party buyer, especially after the first transaction. I would be using a Transactional Funder to

provide the cash to me. There would be two back to back closings. I have researched my competition and they are doing these with no problems.

Any assistance would be GREATLY appreciated here. Am I committing Fraud if I do this?

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