Legal Question in Elder Law in New York

POA and family member in a nursing home

My mother is POA for my ailing grandmother, now in assisted living care through Loretto healthcare (she had homecare until 7 wks ago thru the same institution). I am the co-HCP. My mother also has grandma's house in her name for over 10 years now. She is trying to force me out of my house which is in my name in the same city to live in grandma's house, and claims she will ''sign over the house when grandma dies'' to me. Since the house is already in mom's name, I asked her to sign over the home to me now, and she refuses. Is this legal? Grandma has no say; she is demented and no longer living in the home. I am refusing this offer, stating why would I give up my home in my name, to a 'maybe' thing (mom is a notorious mind-changer and a drinker). Legally, the house is my mothers; I told her to do what she wanted with it, and now she's saying I have ''no inheritance'', so I'll get ''nothing''. (Grandma is on Medicare and Medicaid). Is it right for me to walk away and refuse this? I have no intention of moving ''right this minute'' and giving my house up in this market for ''mom's word'' on the subject. She is the sole POA; my other issue is that she is not listening to me about healthcare advice, I have 20 yrs in the field. Thanks


Asked on 6/11/09, 5:34 pm

1 Answer from Attorneys

Richard Bryan Richard Bryan Attorney PC

Re: POA and family member in a nursing home

I'm not 100% sure of the question you're asking. You want your mother to sign grandma's house over to you, and mom said 'no,' and now you're asking if it's illegal for your mother to say 'no'? Honestly, I have no idea what you're asking.

Good luck.

Rick Bryan

New York, NY

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Answered on 6/11/09, 10:21 pm


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