I'm a CA Elder Law attorney and I'd like to respond to the POA discussion first. My context here is CA, but would be true in most states. First, if the family home is in a Trust, typically a Revocable Living Trust, only Trustees can sell. A DPOA is only good until death and then only for assets which are NOT in the trust. Only Trustees can access Trust assets, including investment accounts. A parent can add a child or other trusted person as a co-Trustee while they are still competent so that there is coverage if they lose competency in the future. // A statement of competency from the person's physician is a good idea whenever any document is being initiated or changed if the initiator (Grantor/Trustor/Settlor/owner) is a senior and there is any chance that competency could be questioned.

It's a good idea to re-do DPOAs every few years, since many banks, escrow companies, etc are hesitant to accept one that is too old. State elder abuse laws make bankers cautious about accepting documents if they can't speak with the author.

As far as selling a home to qualify for Medicaid, that shouldn't be necessary. Rules vary by state, but generally a home is not included in assets. The state instead will go after the home after the owner's death under Medicaid recovery. That's the case in CA. And if the home is occupied at the time by a spouse or a child who served as a caregiver for a period of time, it is still protected.
Check with a local Elder Law attorney to be certain.

Life is strange and mysterious. i am 86, healthy, strong, med free, and pain free. My precious daughter is very ill physically and mentally. She was for months very angry with me for refusing to take her into my home to be her caregiver.She refused to give me power of attorney and insisted on remaining in her own home. Teice, she collapsed and had to be hospitalized. Now, she is in a very excellent rehab in a great location near me.With a nurse managing her meds and a psychiatrist and social worker, she has improved very much. They see clearly that she cannot live alone, and they agree with me that she should not live with me again.She has become very sweet and agreeable again and is willing to sign durable power of attorney.After sale of her home, she would have approximately $138,000 at most . This would pay for her care in the wonderful facility where she now is for only approximately 5 years at most.By then I would be 91 if i am still alive.Would I be doing right to sell her home if I am legally permitted to do so.?Is there any hope that after the $138,00 is all gone in about 5 years, she could then be eligible for medicaid. Her income is only $1,025 a month.Mine is $3100 a month.i love her dearly and want to do the best i can for her.My funeral is fully paid for. My daughter has $7,000 life insurance to help pay for her's.

I purchased a home with my patents. Only I and my fathers name is on the deed. He died and then after a year I had to put my mother in a nursing home. She had nursing home insurance for a while, but it ran out . Can they take my home even if she was not on the dead?

My grandmother invited us to move in me my husband and our 3 boys in May she fell she broke her femur and her hip she has been in a care center my aunt came over a few days after and attacked me in front of my children she was charged and agreed to a plea and abbance two days after court the she and my uncle filed for guardianship of my grandmother Wich was granted ( I didn't know I could fight the request) prior to guardianship my uncle had emptied my grandmother's bank account and will not explain why. The week guardianship was granted to my aunt and uncle my uncle gave me a 15 day eviction notice saying he needs to sell the house to care for my grandma in the care center. But my aunt who I have a proctive order against also signed the eviction notice. And has told the care center I can't see my grandma. What choices do I have in it?

Hello, my mom had a severe decline and became unable to care for herself so I placed her in a nursing home. I now need to sell her home to pay for her care and she signed a POA about 3 years ago. We listed and have a buyer for her home. The title company is not accepting the POA and states that they must talk to her. She has Leweys body dementia and doesn't even know where she is or her state of existence. Now what? I did the POA on line and had it notarized

I am POA for my father who gave me DPOA almost 10 years ago. He has a vacation cabin that is still in his name and we now need to sell it to pay for his care with Alzheimers. Will there be a problem selling it?

i have a childhood aquaintance who forged some papers and sold his moms home and did 5 years in prison for it . he always was pretty sleazy but he didnt get by with that shenanigan .

I have POA for both parents. dad had ALZ and mom was frail. They moved in with me when Mom got sick. I sold the house with Moms approval, but I really did not need it. I was able to sell the house with no problems in PA. They did not have to sign anything, I was able to do it all. Our POA stated I could do so . Maybe I was lucky.. but no problems.

So what happens to proceeds of house if one parent in under financial guardianship by court(an appointed attorney) and the son has power of attorney and trustee for other parent and the house is free and clear and both names are on the deed?

Mother put myself with her on a house deed with ROS. She is in last stage dementia and 89 years old. With POA and as co -owner even though I don't live there, can I put the house up for sale?

If the caregiver, also, has conservatorship, how does that impact selling the house. I don't need it now, but, maybe in the future.

Fathers in assisting living facility: His wife is still living in the home. We have guardianship over my father. My questions is how do we go about getting his wife to buy him out of the home to pay for his care. And what rights do we have to move his things out of the house?