Legal Question in Wills and Trusts in Georgia

my mom is in the nursing home, can I sell her home without her permission? and if so, do I need her signature at closing? I am her power of attorney.

Asked on 7/09/13, 9:59 am

2 Answers from Attorneys

Glen Ashman Ashman Law Office
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You asked this same question on another site. There is no way to know if you can or cannot without reading the language of the power of attorney. And, as stated on the other site, you should be seeing a lawyer of your own before signing any contract. What you need at closing will depend on papers we have not seen.

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7/09/13, 10:03 am
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I have to agree with Attorney Ashman. First, you have to see if the power of attorney authorizes you to sell the home. If its a financial power of attorney and if it was drafted by a lawyer, it probably does. If its only a medical power of attorney then the answer would be no, you cannot sell the home.

The second thing, which is not addressed, is why do you want to sell the home? Is your mother receiving Medicaid? If your mother is paying out of pocket but will be receiving Medicaid in the near future or is on it now, sale of the home could jeopardize her eligibility or continued eligibility for benefits. Before you enter into any sales contracts, I would have the power of attorney as well as your mother's financial situation reviewed by an elder care attorney to see if sale of the home is allowed under the power of attorney and if it will jeopardize your mother's benefits. If sale of the home is allowed and there is no Medicaid issue, then you can sell the home. However, the proceeds from the sale have to be out into a bank or investment account and used for your mother's benefit.

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7/09/13, 9:19 pm

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