QUESTION

mother gave power of attorney to a granddaughter 6 years ago. mom is in nursing home and GD wants to sell the house. 5 siblings say no. Can POA do it

Asked on Apr 25th, 2017 on Elder Law - Pennsylvania
More details to this question:
mother had a stroke, she is mentally alert and knows everything going on. She just can't walk so needs nursing home for assistance. Siblings don't think the house should be sold without an appraisal and all 5 siblings should be included in this sale. What is the law on this situation?
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1 ANSWER

Business Law Attorney serving Pittsburgh, PA at Fiffik Law Group, P.C.
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I think there are 2 questions here: 1) can GD use the POA to sell the house and 2) should GD sell the house.  As for the first, most POAs permit an agent to sell the principal's house.  You'd have to review the POA to know that specifically.  If she did try to sell the house, the settlement agent for the closing would want to know why Mom isn't involved in the transaction and would ask Mom, if able, to sign documents.  Selling a house with a POA can be tricky.  As for second question, if Mom intends to apply for long term care medical assistance for her nursing home stay, the house doesn't count against her eligibility.  If the house is sold and converted to cash, the cash would count against her. I suggest that your family consult with an elder law attorney (like me) before doing anything with Mom's assets.
Answered on May 01st, 2017 at 7:04 AM

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