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What are my rights as POA?

Do I have the right as my father's POA to sell his land he owns to help pay for his care?
Status: Open    Feb 12, 2016 - 11:31 AM

Elder Law

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4 answers

Expert Answers

Feb 15, 2016 - 07:46 AM

Probably. It depends on the document. Most of the time it will give you that power. If the power of attorney was done for some special reason such as to convey title to a vehicle it may not provide the power/authority to sell real estate. Look in the document for the power to sell real estate. If it is in the document you and sell the land to help pay for his care. Keep in mind that if Medicaid may be needed to pay for nursing home care that the sale must be for fair market value. That could be the Tax Assessor's value or under some circumstances an appraisal by a licensed appraiser.
It would be a good idea to see an elder law attorney or estate planning attorney in your area before proceeding. Doing so will likely save you far more than it costs.
Godspeed to you and your father.

Feb 17, 2016 - 09:59 AM

Your ability to handle your father's property should be specifically defined in the POA. If it says that the attorney in fact may sell my real property, then you can.

Feb 18, 2016 - 07:25 AM

Typically yes, you do. You should review the document to ensure that it includes a "power of sale." If it does, then it would allow you to sell his property. You will need to record a copy of the power of attorney before you are able to use it to sell land.

Feb 23, 2016 - 06:53 PM

As POA for your father you are able to conduct transactions and make decisions on his behalf. You absolutely may sell land to help pay for his care unless your father specifically indicated in his POA document that this was not something that you were able to do on his behalf. Bear in mind, the Financial Power of Attorney (document and agent) is/are different from the Health Care Power of Attorney document/agent. Dad may say one child can handle finances, and the other medical issues, and the two would then want to coordinate.
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