Dear Mr. Premack: I submitted a question to you on Sept 9, 2011 about selling mom’s home when mom has Alzheimer’s. She is on Medicaid and I am designated as disabled. You said that if her power of attorney had been prepared properly with gifting authority, then as her agent I could transfer her house into my name without a Medicaid penalty. I checked on the power of attorney and the paragraph that had to be initialed for the gifting authorization was not initialed. So it won’

Dear Mr. Premack: My mother is 91 and lives about five hours from here. My sister has durable power of attorney and I am backup agent. My brother lives with her and is draining her of all her money. Can he legally get my mother to go and change him to have power of attorney? – NF Your brother may be financially exploiting your mother. I say “may be” because you are not an objective third party observer. It may be that your mother, though 91, is competent, capable and clever.

The money still belonged to mother (in what might be called a “constructive trust”). In that case, there was no gift when the money was move