QUESTION
If I have the power of attorney over my moms estate, can I sell her home to help pay her assited living bill?
Asked on Aug 14th, 2012 on Estate Planning - California
22 ANSWERS
Business Law Attorney serving Livonia, MI
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Gerald A. Bagazinski
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The short answer is yes. You should have an attorney review the document and advise you of your fiduciary obligations.
Be advised that if your mother is still competent, she could revoke or amend the document. If she is incompetent, an interested party could challenge your authority by filing to become your mother's conservator in Probate Court.
Answered on Aug 23rd, 2012 at 2:26 PM
Bankruptcy Attorney serving Grand Rapids, MI
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Hunter Law Offices, PLLC
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It depends upon what powers the power of attorney has given you. If it allows for sale of property then yes. However, before you undertake any type of actions regarding paying for long term care you should seek out the advice of a qualified elder law attorney. Failing to do so may cause severe consequences down the road.
Answered on Aug 20th, 2012 at 12:16 PM
Elder Law Attorney serving Hollister, CA
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Charles R. Perry
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The answer depends completely on the terms of the power of the attorney. You will need to read it carefully to see what powers it gives you, and whether it allows you to sell your mother's real property. A real estate broker in your area may be familiar with sales based on powers of attorney, and can give you guidance as to how a sale based on a power of attorney is conducted. A correct reading of the power of attorney and whether it allows you to act on your mother's behalf to sell her home, however, should come from an attorney. I would proceed cautiously here, so that no one can ever challenge your authority to make the sale, or claim that you are not acting in your mother's best interests.
Answered on Aug 20th, 2012 at 12:13 AM
Estate Planning/ Probate/ Wills Attorney serving Poulsbo, WA
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Candace K. Ladley, Attorney at Law
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If your mother is still alive, you can record with the county recorder the power of attorney and then sell her home to pay her bills. If she has passed away, then the power of attorney is no longer valid. You will either have to file a probate proceeding with the court if she does not have a trust. If she has a trust, you would record with the county recorder an affidavit that you are the successor trustee and then can sell the property. You should consult with an attorney first.
Answered on Aug 19th, 2012 at 5:13 AM
Probate Attorney serving Arlington, TX
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Law Office of Eric J. Smith
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If your mom is alive, yes. If she has passed away, you will need to go though some form of probate to sell a house titled in your mother's name.
Answered on Aug 18th, 2012 at 10:11 PM
Leonard A. Kaanta
If the power of attorney gives you that power, yes.
Answered on Aug 18th, 2012 at 2:20 PM
Real Estate Attorney serving Williamstown, NJ
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Law Offices of Slotnick & Schwartz
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Look at the power of attorney. It usually gives you the power to sell the home.
Answered on Aug 18th, 2012 at 2:05 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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Yes, if the POA is properly drawn and can be recorded in the county records. Be aware, though, that this can be a traumatic step for an elder. If your mom is compos mentis at all, try to ease her into this idea.
Answered on Aug 18th, 2012 at 6:44 AM
It depends upon the powers granted in the power of attorney. You should consult an estate planning attorney to review the document and advise you.
Answered on Aug 18th, 2012 at 6:42 AM
Thomas Edward Gates
No, the Power of Attorney is only valid while she was living.
Answered on Aug 18th, 2012 at 6:42 AM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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Yes. You can do anything that your mother would legally have been able to do, as long as it is for her benefit.
Answered on Aug 18th, 2012 at 6:26 AM
Real Property Attorney serving Utica, MI
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Douglas A. Tull, P.C. Attorney at Law
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I think you need to sit down with an attorney who specializes in elder law. The house may be an excluded asset for purposes of qualification for Medicaid - but in answer to your question directly, if your power of attorney gives your authority over real estate matters, you may be able to do so. After consulting with an elder law attorney - if he/she says it is OK to sell, then you should have a real estate attorney review your power of attorney - and perhaps share it with a title insurance company to see if they will insure the deed you would have to provide as your mother's agent.
Answered on Aug 18th, 2012 at 6:22 AM
Yes, you can sell her home; however, the buyer or the title company may insist that the land being sold be specifically described in the Power of Attorney. Also, it may not be a good idea to sell her home. Her home may be treated as an exempt asset for Medicaid payment purposes. The government may pay for her assisted living charges even if she keeps her home. That way she has an asset and may be able to return there someday.
Answered on Aug 18th, 2012 at 6:20 AM
Probate Attorney serving St. Louis, MO
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Edward L. Armstrong, P.C.
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It depends on what the power of attorney says.
Answered on Aug 18th, 2012 at 6:17 AM
2 Awards
Yes, although at all times you have to handle matters prudently and carefully, and in your mother's best interests.
Answered on Aug 18th, 2012 at 6:17 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Probably, but it will depend on the language of the document. You should seek counsel.
Answered on Aug 18th, 2012 at 6:16 AM
General Practice Attorney serving Glendale, CA
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Law Office of Michael Stafford
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If the PA granted you the power to sell her real property and if the PA is in recordable form you may be able to sell her property. You may have to consult with an attorney.
Answered on Aug 18th, 2012 at 6:15 AM
Consumer Law Attorney serving Royal Oak, MI
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Gorman Law Group, PC
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You should consult an attorney that specializes in Medicare elegibility. There are ways to protect her assets while also getting coverage for her care.
Answered on Aug 18th, 2012 at 6:11 AM
Alternative Dispute Resolution Attorney serving Baltimore, MD
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Whiteford, Taylor & Preston L.L.P.
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If your mother is deceased (your use of the term "estate" seems to imply that), then the power of attorney is no longer effective. If your mother is alive, then you have the powers that were granted in the power of attorney, which might or might not include the power to sell the home.
Answered on Aug 18th, 2012 at 6:11 AM
Litigation Attorney serving St. Louis, MO
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Probate Law Center Richard J. Keyes, PC
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Check to see if the power of attorney gives you the right to sell the real estate. Also, does the power of attorney give you the right to use it now or do you need one or two affidavits from doctors that your mother cannot handle her affairs and that you therefore can use the power of attorney (this type of power of attorney is called a "springing" power of attorney).
Answered on Aug 18th, 2012 at 4:33 AM
Provided the power of attorney document specifically provides you with the power to sell real estate on your mother's behalf, then you should be able to do so. However, if the document does not specifically provide you with this power, then you may need to have a new power of attorney drafted and signed by your mother (if she is competent). If your mother is mentally incapacitated, then you may need to initiate a guardianship proceeding on her behalf.
Answered on Aug 18th, 2012 at 4:33 AM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Generally yes, but it depends upon the terms of the power of attorney; if she has legal mental capacity, you may want to obtain a specific [poer of attorney as limited to her residence.
Answered on Aug 17th, 2012 at 11:30 AM