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You should be able to, but some of that would depend on whether or not she is on Medicaid, where your siblings (if any stand) legally, etc. You should ask an attorney so you know what your rights and duties are.
Carol
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According to Barbara Repa, an attorney, the power of attorney document itself should spell out whether or not you have the right to sell your parents' home. To find out you might have to read through a lot of legal jargon and do research.

The first step is to be certain the power of attorney document has actually taken effect. Many such documents require that a doctor, or two, certify in writing that the parent in such a case is incapacited before it takes effect.

The power of attorney document itself should spell out specifically things you can and cannot do for your parents, and if you are able to sell their house, it should specify that right. If a power is not named, do not assume you have it.

Even if a power of attorney document gives you the right to sell your parents' home, beware of one thing. Many such documents have a phrase in them that says something to the effect that you might take any and all steps to be certain that you are carrying out the best interests of your parents. That phrase could allow someone to challenge your decision to sell their home. If you are afraid that your parents or someone else might challenge your decision to sell, it might be wise for you to obtain a signed statement from an estate planning attorney or financial planner that your decision is wise.
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Thank you everyone,
I need to sell the house so that she can get into AL. There isn't any other money and she need to be in the place for two years before they will take medicaid.
She has dementia and can not care for herself but she thinks she can. My brothers and sister and I feel that AL would be the best place for her we know that she would not do well in a home.
Thank you agian for you help:)
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All the answers already given to you are "bang on". I have enduring power of attorney for my mom and I have just recently sold her condo on her behalf as she no longer could live in it. Upon selling the condo, the money received, had to be invested in the best interests of my mom (which is, of course, as it should be). I live in Alberta, Canada so the laws may be different where you live.
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Moms been in nursing home less than six months gets medicade and medicsre i have dpoa can i sell her house and give the money to the children as gifts
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Most states require that a Power of Attorney be recorded in the same place that deeds are recorded, in the County were the land is, to document the authority to sell. The question of whether you should or not is a valid, and depends of course on the particular circumstances. With reference to the post of pamzimmrrt, Medicaid recovery will not be an issue as long as the proceeds are used to purchase care or items for the needs of the former home-owner. Medicaid will, on the other hand, in most cases require the repayment of benefits that were properly paid out because the house was a non-countable resource during the elder's lifetime.
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I was just at my Father's lawyer last week to ask questions. I am his Continuing Power of Attorney and the only way I can sell his house is if he is assessed as not competent. The lawyer added another clause on the Continuing Power of Attorneys papers that his Family Doctor can assess him, as to have someone else assess him could cost up to $5,000.00. This was at my Fathers request so as to save me money.
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I got a DPOA from an on-line lawyer service that said I could sell her property but when I had a friend from church (who is a lawyer) look this document over, he said that the statement about selling her house was too vague---that when I went to sell the house, I needed a POA specific to that specific piece of real estate that specified the lot number of the house and other very specific identifying information for mom's house.
I had my lawyer friend draw up the document for me so that there would be no kinks when the house sold.
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I do have to say that my Moms was vague also and I had no problem selling her house at all, there were no specifics. I was in charge as the DPOA to do as I thought was necessary for her and it is used for her, I wouldnt worry at all. I have periodically rechecked all of my documents and records with 3 other lawyers as a precaution to make sure I am doing everything right and all is fine.
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Well you can.. but should you?? They will have to pay it back under medi recovery in most cases....Or you all will be paying the bills. Sounds bad to me..
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