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I have been her POA for 4 years. A Guardian has been appointed, now they are coming for the condo she and I bought last year when she went into an Alzheimers home and we had to move out of the large home she had with her late husband. They are claiming I did not have the right to buy the condo when my POA and my lawyer says I do. What can I do other than wait for the lawyers to go back and forth with this?

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SandraS, you have a problem.

You say your mother and you decided to buy the condo to provide you with a place to live when she moved into the memory care facility. But here is your problem: your mother's Alzheimers Disease, underlined by the fact that she needed to move into memory care, means that she was unable to make this decision. Which leaves just you. You decided to use your mother's money to buy yourself a place to live. And that is misappropriation of your mother's funds. You used her money for your own benefit. That puts you in a terribly false position legally. That's the bad news.

But none of this makes you a bad person. For one thing, you are being very straightforward and clear about what has happened: you're obviously not trying to cheat anyone out of anything; you certainly didn't deprive your mother of assets she needed for herself. For another, I don't doubt that your mother did want you to be decently housed and financially secure after the years that you had devoted to her and her husband's care; that would be only natural. The trouble is, she didn't and couldn't put those wishes in writing, and at the time the decisions were made she was not competent to make them.

I don't like the sound of your lawyer. It could be that he's charging you a lot of money to tell you what you want to hear; and it could cost you worse than money in the end. Can you get a second legal opinion?
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Holy Moly Sandra,
This is horrible! Thanks for answering questions, certainly helps to get a clearer picture, but a sad picture it is. What a spiteful, greedy little so & so! I am so sorry you are going through this and there should be laws in place preventing this sort of thing to even occur. I wouldn't be surprised if one of my brothers pulled something like this, it's always about the money, no consideration that it was you who sacrificed your life taking care of them. I hope you win this nightmare court battle and then counter sue him for your lawyers fees fighting him, caregiving wages, social security you lost, not to forget extra for the pain and suffering and whatever else you can hit him for. Counter suit!
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I'm afraid Sandra's got big trouble. One thing no one has touched on is the guardian. Typically legal guardians appointed by the court are not just any old ignorant yahoo - in fact often times they are attorneys themselves. Court appointed legal quardians don't make random trouble for families, either. I'd be willing to bet that if the guardian thinks there is a case - there is.
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Family members are particularly greedy when Mom or Dad can no longer speak for themselves. They tend to be more brash and pushy because the parents aren't able to speak up and remind them of right and wrong. That being said, the caregiver must keep immaculate records of expenses etc. since the other siblings "forget" about all the work that has been given without asking for pay. Depending on the family...watch out for the grabbers who believe they are entitled to part of What's left and Don't care who did What! Sad situation but real!
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Your sentence about receiving the money and buying the condo for you had no where to live and your mother was going into assisted living leads me to ask, how long did your mother live with you in the condo before she went into assisted living? That is a crucial question in my opinion.
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I think your first lawyer advised you poorly. If your mother was going into an Alzheimer's home the same time you bought the condo with the proceeds from the sale of her house, then that money was hers and should have been spent for her care and not for the condo. If this is the case, then your brother has a point as her guardian. I would be angry with that first lawyer and report him for giving you the wrong advice.
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I agree with Countrymouse.
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You say you "both" bought the condo. Is it in both of your names on the title and is it paid off or is there still a mortgage on it? If you both went in together on this investment, was it 50/50? How was mortgage drawn up? Is it a joint tenancy? Was your Mom mentally competant when you did this and if so, can you prove it? Was it her idea to purchase the condo or a mutual decision? Are you listed only as POA or DPOA or both? Have you keep bank statements, records proving you did not abuse her finances?
The reason I am firing all the questions at you is this is how you need to build your case. For instance, Mom named me DPOA before she ever began showing signs of dementia. She had always told me she wanted to find a place so she could be with me. I would seek out the eldercare attorney that you went to see (that created the will or trust) if by law your brother can do this. Get all your facts in place prior to that. Lawyers aren't cheap!
It never ceases to amaze me how many jealous and greedy siblings will go to such lengths to try and get what they think is "their cut" when many of them had little or nothing to do with caring for the parent. Families are torn apart all in the name of the almighty dollar that was never earned or contributed by them. 
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I have the same question I had before. What is the timeline here? Did Mom live with you at the condo at any point in time, and for how long?
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Pretty sure Sandra has abandoned this post at this point. I hope she finds a way through this.
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