Wrightsville, GA Estate Planning Law Firms & Lawyers

Selling a home in Arizona is a matter of Arizona law. Under Oregon law, with a proper power of attorney yes, your sister can sell the home, and no, she can't keep the money. The proceeds of sale of your mother's home are your mother's money. Power of attorney does not give the agent the right to take the principal's money. If your mother cannot live alone any more, and needs to go into a care facility, the money from the sale should be applied to pay for her care. I suspect this would play out the same under Arizona law, but as I said, if your mother is in Arizona then Arizona law applies and you should consult an Arizona attorney.

Generally speaking probate court is to administer assets of a deceased person. There are numerous reasons why someone goes to probate court. Probate records are public. You can review the file if you want to find out.

I am so sorry for your situation; you have my deepest sympathy.   You can't force your son to get help, or to accept it. You can take steps to ensure that you do not leave him any assets outright. You can also take steps to ensure that any assets that you do leave him will be available and can be used by a third party in ways that will help him and not allow him to indulge in self-destructive behavior with your assets. You should consider having your estate planning provide for your son's share of any inheritance you may leave him pass to a trust for his benefit- either a full-blown supplemental needs trust (a "third-party" one, since it will be funded by you, with your assets) or a community pooled trust. That way, if he is ever eligible for and applies for needs-tested benefits like Supplemental Security Income and Medicaid, the trust won't count against him, but it can be used to help improve his quality of life as much as possible, and he can't just waste it. That way, it will be there for him if and when he is ready to seek help, and it will be there for someone to use to help him as much as possible even if he continues not to seek help.   Find an attorney who works with familiies with disabled family members on estate planning matters, and get an estate planning consultation. Best wishes to you.