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Additionally, can one sibling sue another sibling (and win the lawsuit) if the one sibling doesn't agree that their mother should live at home on her own when nursing facility says she needs 24/7 care? And the other sibling helps her get medical equipment and home health set up at home, and also helps pay for private aides, so the mother has 'almost' 24/7 care. The second sibling who is helping mother get set up at home is not POA and does not have her name on any paperwork (i.e. nursing home discharge paperwork, etc.)

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My son,( the attorney) once told me "you can sue anybody over anything, if you have the stomach and the resources to do so". Basically, saying, yeah, go ahead and sue anyone, but be ready for the fallout.

Suing family members is painful and often pointless. Are you involved in some kind of battle over mother's care? And where would the money to settle this dispute come from? What would the outcome be that would be so much better?

SO much better to work this out among the siblings. Is mother still lucid? I know I oppose the fact my mother is still living with my brother when she needs much more care, but I am one of 5 kids. The other 3 are MIA and won't weigh in on her care.

I kind of don't understand you question--one of you wants mom to be home, one of you wants mom to be in a NH. Right? You can't work this out as adults? Really, you do NOT want to drag a lawsuit into this. NOBODY will be happy, in the end.
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Who has POA, you? You really can't make a person go into a NH. You r there to help. With my Mom she was too far into her Dementia to make the AL or NH decision and I physically couldn't do it. It is not neglect because siblings differ on what is good for a parent. The sibling doing what she can to keep Mom in her home has made that decision. Does this sibling expect the other siblings to help foot the bill...then that is a problem if the other siblings can't afford it or because they fell Mom should be in a home so won't help financially. Not sure if a child could be made to support a parent. If so, a lot of caretakers could legally go after siblings. The siblings should sit down and discuss Mom's care. Maybe helping in other areas of her care if can't financially.
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tbrown, if someone is heck-bent on suing a sibling, it would make more sense to use a legal mediator where everyone sits around a table and hash over the issues. It is so sad when it comes to this point. To bad families can't work together for the betterment of one's parent. But I can understand there would be major issues if everyone isn't on the same page.

Usually the person who feels that Mom can live comfortably at home having caregivers comes in usually doesn't understand that Mom might be at the point where she need skilled nursing home staff to help her out. Honesty, it can take a village to do everything that needs to be done.

My Dad had 3 shifts at home of professional caregivers from an Agency, and that cost him $20k per month, yes per month. Can Mom budget for that cost? Sounds like the sibling will be paying, can she afford that cost? It will quickly drain her savings. Is she expecting Medicare to cover the cost? MediCARE doesn't pay for caregivers or Aides. MediCAID would pay, but only if Mom moves to a skilled nursing home.

My Dad had mobility issues, he was seeing his savings emptying quickly, thus he was ready to move into senior living. It cost half as much and he was happy as a clam being around people of his own age group. He really perked up right after the move. He said he should have don't that years earlier.  Dad sold his house, and used the equity to help for the senior living cost.  He was so glad not to worry about the house anymore :)

Let us know how all of this turns out.
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