Lawyers.com > Discuss Your Legal Issue > Ask a Lawyer > Elder Law > 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

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

1 Answers. 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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Answered on May 01st, 2017 at 7:04 AM

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.

I recommend that you seek out a local attorney for a more in depth discussion of the matter. I do not recommend that you take any action steps without such a consult. Act quickly because by waiting, you may lose certain rights and remedies available to you.

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Elder Law
As adults age, they often lose some mental acuity while also facing more physical limitations. These health conditions put senior citizens at greater risk of exploitation and abuse. At the same time, the elderly need to think about their long-term medical and financial needs, and make estate plans to ensure their legacy after they pass away. An elder law attorney can work with seniors and their families to address issues such as advanced directives, powers of attorney, living wills and last wills and testaments. Elder law lawyers can also help families intervene if a guardianship or conservatorship is necessary. And personal injury law firms with experience in elder issues can help victims of elder abuse and nursing abuse take civil and criminal legal actions against their abusers.
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