Can I sell my mom's home with poa? But my question is since I do have that documentation what if she tries to say I didn't say you could do that etc. What would happen then or could anything happen? Is their anything I need to know or do before this?
And also their are family members that have been living their last couple years so do they have authority to say or do anything when or if I can complete this?
My POA was immediate. It also said I could sell Moms house. But like Venting, when my Mom was competent, I never over-road a decision she made. Its a tool, not a control. Like Venting said, immediate just bypasses the need for a doctor to declare incompetence. If the person is competent, they still run the show. Springing needs one or more doctors to say a person is incompetent.
As POA your obligation under THE LAW is very strict. You must act as your mom tells you to act if she is competent, and if she is judged incompetent under the law then you must act in her best interests, keeping METICULOUS records that can stand up in court. You could suffer SERIOUS legal consequences otherwise.
I always worry when someone asks questions re POA that indicate they do NOT understand thoroughly their OBLIGATIONS under the law. PLEASE seek the advice of an attorney to discuss this issue.
I wish you the best.
If you’re the conservator, it’s different. If a court decided the POA was unfit to be POA, then a court can appoint a conservator. But if the court did that, it means mom is mentally incompetent, incapable of taking care of her own finances.
Example:
My POA document became immediately active the moment my mom signed. No need to show mental incompetency for me to start acting as POA.
But if my mom (she’s still mentally competent) and I disagree on a decision, she gets the final word. I can’t go against her wishes.
As far as people living in the house, do they have a lease? You're probably going to want them out of the house before you put it on the market. Could be awkward to have them there when you're getting it ready and for showings, etc. This could be tricky and I don't know the laws about renters. Even without a lease, I think they have rights so if they're jerks, you could have your hands full.