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If she doesn't live there then you can keep her out. If it's her legal residence you can't unless you terminate the a written lease (legally) or go through a legal eviction process.
Power of attorney locks been changed father only gave permission for me and my brother to have keys we are only here until house goes up for sale she has threatened to break in
You say "I don't want my sister in this house while I am here". I need first to ask if "this house" is your sister's residence. If so, it will be hard to get her out of it whether you are POA or not.
If your father is COMPETENT and has given your sister permission to be in the home, then no, you cannot forbid her being there. She may have, in fact, served as his caregiver before he went into the nursing home? You won't give us any facts, so we can't know what they are.
If, however, your father is no longer competent and you are ACTING POA for him you can forbid your sister and anyone else from being in the home AS LONG AS THEY ARE NOT LEGAL RESIDENTS of said home.
Do then consider good security for the empty house, reporting any ingress by ANYONE who isn't a resident of home to police. If sister continues to enter the home and it is NOT her residence, do consider a restraining order, as Geaton suggests.
If this is an empty house you may have more than Sister to worry over soon. There are times when insurance companies won't even insure an empty house.
You say that you are "taking care of the house" while father is in Nursing home. You then say your don't want sister in it "while I am here". Does this mean that YOU have taken up residence in the house? This is sounding like some sort of siblings issue on the face of it because you don't wish to give us any details. Difficult then to make a response, so we can but do our best. And again, this ALL depends upon WHO IS POA, whether this house was residence of your sister at the time Dad went into nursing home, and a multitude of other issues.
i am power if attorney and enduring power of attorney . My father has told me he does not want her in the house. My husband and I have been living in the house since he went to the hospital and then to the nursing home. . We have recharged the locks , have cameras inside and out . We have our own home four hours away . We will be leaving and selling the house soon in the meantime my sister who I am estranged to has threatened to break in. When we are back to our own home she can come in with my brother but while we are living here I do not want her in here .
You POA does not give you any rights if Dad is competent to make his own decisions. POA is a tool, not a power. There is immediate where as soon as Dad signed the paperwork it became effective. I feel though, that if Dad is competent, you really have no say. Moms was immediate and it gave me the ability to help her as she declined. First it was reconciling her checking acct because she forgot how to add. Then it was making out her checks then...taking over her bills altogether.
Then there is Springing which needs doctor's signature to say Dad is incompetent. Until then your POA is not in effect.
If your Dad is competent to make his own decisions, your POA gives you no right to keep your sister out of his house, change the locks ect. If your Dad has been found incompetent to make his own decisions, then ur POA is in effect and you then can change the locks and keep sister off the property.
I was made immediate power of attorney, enduring power of attorney and his personal agent making his medical decisions. I have been paying his bills and handling all financial matters on his behalf. She is a beneficiary on his will when he passes. Now she’s threatened to put a lien on his house. She owns no part of his house. She is not even second in line to be power of attorney if I am unable . That would pass to my brother then to a lawyer if he is unable .
You tell us below that your sister never lived in this house. Therefore this is a simple one. You live there while you wish as POA and to safeguard the home. If your POA is written so that you can sell the house then do so, remembering that it must be sold for fair market value and all funds put into an account in YOUR FATHER'S NAME with you as his POA to handle checks, finances. This is Banking work you do with a bank officer, not a teller, and be certain this is a well written and legally done POA by an attorney; banks are very fussy about them.
As to sister and her threat to "break in" tell her to go for it; make your day. Get good security cameras; remove all valuables to safekeeping; report any breaking and entering and prosecute to the full authority of the law. Your sister has ZERO RIGHTS to break into her father's home given, as you tell us, it was NEVER her residence.
"Power of attorney locks been changed father only gave permission for me and my brother to have keys we are only here until house goes up for sale she has threatened to break in"
"...she has threatened to break in..."
What is in the house that she wants so badly? Or is she opposed to having it sold? Or wants to live there?
If she contacts you again by phone record the conversation. Tell her you'll be putting up security cameras on the property (so inexpensive and easy nowadays, buy them on Amazon or get Ring). Tell her since she's made an actual threat that you will be asking the police to keep an extra eye out on the home (and in many smaller towns, they will gladly do this). You can also tell her that if she doesn't cease and desist in harassing you that you will file a restraining order against her.
You don't have to take her crap, but do it legally.
Why is she threatening to break in? Is there something in the house that she wants? Is she trying to live in the house? Or maybe she's just angry and wants to harass you. If she does succeed in breaking into the house, call the police. You could try getting a restraining order, based on her threats. Have security cameras for evidence if she does any harm, steals anything.
I would start by asking her what it is she wants so badly. If it is something you can give to her, you may find a peaceful resolution.
By proceeding, I agree that I understand the following disclosures:
I. How We Work in Washington.
Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services.
APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
II. How We Are Paid.
We do not charge you any fee – we are paid by the Participating Communities. Some Participating Communities pay us a percentage of the first month's standard rate for the rent and care services you select. We invoice these fees after the senior moves in.
III. When We Tour.
APFM tours certain Participating Communities in Washington (typically more in metropolitan areas than in rural areas.) During the 12 month period prior to December 31, 2017, we toured 86.2% of Participating Communities with capacity for 20 or more residents.
IV. No Obligation or Commitment.
You have no obligation to use or to continue to use our services. Because you pay no fee to us, you will never need to ask for a refund.
V. Complaints.
Please contact our Family Feedback Line at (866) 584-7340 or ConsumerFeedback@aplaceformom.com to report any complaint. Consumers have many avenues to address a dispute with any referral service company, including the right to file a complaint with the Attorney General's office at: Consumer Protection Division, 800 5th Avenue, Ste. 2000, Seattle, 98104 or 800-551-4636.
VI. No Waiver of Your Rights.
APFM does not (and may not) require or even ask consumers seeking senior housing or care services in Washington State to sign waivers of liability for losses of personal property or injury or to sign waivers of any rights established under law.
I agree that:
A.
I authorize A Place For Mom ("APFM") to collect certain personal and contact detail information, as well as relevant health care information about me or from me about the senior family member or relative I am assisting ("Senior Living Care Information").
B.
APFM may provide information to me electronically. My electronic signature on agreements and documents has the same effect as if I signed them in ink.
C.
APFM may send all communications to me electronically via e-mail or by access to an APFM web site.
D.
If I want a paper copy, I can print a copy of the Disclosures or download the Disclosures for my records.
E.
This E-Sign Acknowledgement and Authorization applies to these Disclosures and all future Disclosures related to APFM's services, unless I revoke my authorization. You may revoke this authorization in writing at any time (except where we have already disclosed information before receiving your revocation.) This authorization will expire after one year.
F.
You consent to APFM's reaching out to you using a phone system than can auto-dial numbers (we miss rotary phones, too!), but this consent is not required to use our service.
If she's been living there and she's disabled, she might also have special state-specific protections.
You could change the locks. Do it yourself.
locks been changed
father only gave permission for me and my brother to have keys
we are only here until
house goes up for sale
she has threatened to break in
The locksmith will also give you new keys, as many as you request.
The last time I had it done, he re-keyed 2 doors and I requested 4 new keys. It was about $95 in early 2022.
I need first to ask if "this house" is your sister's residence. If so, it will be hard to get her out of it whether you are POA or not.
If your father is COMPETENT and has given your sister permission to be in the home, then no, you cannot forbid her being there. She may have, in fact, served as his caregiver before he went into the nursing home? You won't give us any facts, so we can't know what they are.
If, however, your father is no longer competent and you are ACTING POA for him you can forbid your sister and anyone else from being in the home AS LONG AS THEY ARE NOT LEGAL RESIDENTS of said home.
Do then consider good security for the empty house, reporting any ingress by ANYONE who isn't a resident of home to police. If sister continues to enter the home and it is NOT her residence, do consider a restraining order, as Geaton suggests.
If this is an empty house you may have more than Sister to worry over soon. There are times when insurance companies won't even insure an empty house.
You say that you are "taking care of the house" while father is in Nursing home. You then say your don't want sister in it "while I am here". Does this mean that YOU have taken up residence in the house? This is sounding like some sort of siblings issue on the face of it because you don't wish to give us any details. Difficult then to make a response, so we can but do our best. And again, this ALL depends upon WHO IS POA, whether this house was residence of your sister at the time Dad went into nursing home, and a multitude of other issues.
Then there is Springing which needs doctor's signature to say Dad is incompetent. Until then your POA is not in effect.
If your Dad is competent to make his own decisions, your POA gives you no right to keep your sister out of his house, change the locks ect. If your Dad has been found incompetent to make his own decisions, then ur POA is in effect and you then can change the locks and keep sister off the property.
Read your POA carefully.
But consult an attorney if you don’t like my answer.
Therefore this is a simple one.
You live there while you wish as POA and to safeguard the home.
If your POA is written so that you can sell the house then do so, remembering that it must be sold for fair market value and all funds put into an account in YOUR FATHER'S NAME with you as his POA to handle checks, finances. This is Banking work you do with a bank officer, not a teller, and be certain this is a well written and legally done POA by an attorney; banks are very fussy about them.
As to sister and her threat to "break in" tell her to go for it; make your day. Get good security cameras; remove all valuables to safekeeping; report any breaking and entering and prosecute to the full authority of the law. Your sister has ZERO RIGHTS to break into her father's home given, as you tell us, it was NEVER her residence.
there is no need for her to come. She is a benificary on the will and that’s it. I am power of attorney
"Power of attorney
locks been changed
father only gave permission for me and my brother to have keys
we are only here until
house goes up for sale
she has threatened to break in"
"...she has threatened to break in..."
What is in the house that she wants so badly? Or is she opposed to having it sold? Or wants to live there?
If she contacts you again by phone record the conversation. Tell her you'll be putting up security cameras on the property (so inexpensive and easy nowadays, buy them on Amazon or get Ring). Tell her since she's made an actual threat that you will be asking the police to keep an extra eye out on the home (and in many smaller towns, they will gladly do this). You can also tell her that if she doesn't cease and desist in harassing you that you will file a restraining order against her.
You don't have to take her crap, but do it legally.
If she does succeed in breaking into the house, call the police.
You could try getting a restraining order, based on her threats. Have security cameras for evidence if she does any harm, steals anything.
I would start by asking her what it is she wants so badly. If it is something you can give to her, you may find a peaceful resolution.
How are you handling everything for your Dad including medical living 4 hours away?
Was your sister involved in your Dad’s life?
Something more is going on here causing the animosity between you & your sister.
A POA’s duty is to act in the client’s best interest.