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"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.
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
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.
If she's been living there and she's disabled, she might also have special state-specific protections.
But consult an attorney if you don’t like my answer.
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
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.
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