My mother left Florida for a short stay with my sister in NY. During the stay, my sister there in NY filed for and received a POA. At this point, my sister in Florida had already a POA many years before our mother had Alzheimer's. My sister took it upon herself to control or mother's finances, letting her house in Florida foreclose, and subsequently placing her in a nursing home without our knowledge or input. Do we have any legal recourse to get her back home to Florida with my sister and me, and in our home?
Did your sister actually file for conservatorship or guardianship? That would a whole different spin on this entire issue.
If your mother had dementia at that point, that type of action would make more sense. If your mother actually executed a POA (and I'm assuming you mean a DPOA), and had dementia, my understanding is that it's not valid, because she lacked the cognition to understand what she was doing.
Who diagnosed dementia, and when?
How long ago did the mortgage default, when was the foreclosure sale, and what's the redemption period in Florida?
And not to be critical, but where were you and your FL sister while this was happening? Was your NY sister withholding information about your mother, and how did you eventually find out the house was foreclosed?
Any legal recourse to recover the FL home would depend on at least these factors:
1. When the foreclosure took place;
2. Whether the house was vacant at the time of the sheriff's sale, and
3. What the redemption is in Florida.
If, for example, the redemption period hasn't run, then you do have recourse to purchase the house for the amount it sold at sheriff's sale. If the redemption period has run, I think you're out of luck unless you have the funds to file suit to challenge the validity of the foreclosure based on improper use of a DPOA by your sister (i.e., taking control of your mother's finances and allowing the mortgage to go into default).
That raises another issue - was your mother capable of handling her own finances at the time the mortgage went into default? If not, and if the DPOA is invalid because of your mother's dementia, there might be an issue of abuse of power and financial exploitation of a senior.
Is your mother in a memory facility, AL, IL or long term care facility, and if so, has she reached the point that supplemental funds are required for her stay there? If so, how is this being handled?
As to getting your mother back home, I think it depends on the answers to the various questions, i.e., whether the DPOA was actually valid and/or whether or not your NY sister actually has guardianship or a conservatorship.
I addressed the issue of redemption of the foreclosed house because it speaks to your NY sister's action which also addresses the potentially unauthorized placement in a nursing home.
Lots of questions here - answers would help figure out this situation.
1. After my mother “visited” with her for a while, my sister in NY obtained a POA. I am not sure how this occurred, as she (my sister) was sent a letter by a lawyer in Florida informing her that our mother was diagnosed with dementia (sister was sent the doctors notes, etc.) by two (2) doctors in Florida, and my sister in Florida had a POA at least nine (9) years earlier.
2. The house was foreclosed about a year ago. We (my other sister and myself) were not told about the loss of the house. Neighbors called about a bolt being placed on the door of the house.
3. My mother was incapable, for several years of taking care of her finances. On at least one occasion she “gave” away her house, and my sister with the earlier POA secured it. Finances were handled by that sister, until the NY one took charge as a means to “assist” us.
4. After being unable to contact our mother for a few weeks, we received a conference call one morning where this sister informed us that our mother was placed in a nursing home. She informed the people at the home not to share ANY information about our mother with us, and when we visited, we are not allowed to take her out of the facility.
Even when had informed this NY sister about our mother’s health that she had dementia, she refused to believe this. I’m wondering if there isn’t a mental illness there as well with our sister.
I seems as if there was also some misrepresentation by the NY sister in that she was going to "assist" you by handling the finances.
I'm wondering if her actions rise to the standard of fraud, and I think they might.
Have you actually been to NY to visit your mother? I'm wondering what justification she gave for denying you access. Did the nursing home tell you?
From what you've written, it seems as though your NY sister was determined to take control of your mother, but for what reason? What were her incentives and what was there to gain?
Have you done any investigation to determine if the mortagee (lender) purchased the house at foreclosure sale, or by chance was it an individual, perhaps someone who might have colluded with your NY sister? This might be kind of a stretch, but I recall during the financial crisis that some things like this were happening.
I think in order to remove your mother from the nursing home, you'd have to prove that she was improperly placed there. And that probably would involve legal counsel.
There are also whatever medical conditions she may have to address. Can you and your FL sister care for her in your homes?
At this point I don't have any other suggestions except to get some legal help from an attorney, perhaps the one who provided the dementia notification,
I would have thought though that you as daughters would have had to be notified had a guardianship petition been filed.
But at least by calling the courts you can eliminate or verify the issue of guardianship.