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Tinkerbell57 Asked July 2017

Can I, as POA, sell my dad's cars without his consent?

He has been told by many doctors that he can no longer drive. I have begged him to sell these cars but he flat out refuses. He hasn't driven in over 2 years as I have all the keys.

Llamalover47 Jul 2017
Those elders who insist on driving AT ALL COSTS will most likely just blow it off if they scratch up their vehicle! My aunt drove her car into her apartment building, "gunning" the accelerator. When my mother saw her sister's bloodied face, she asked what happened. My aunt had the gall to say "nothing happened." C'mon now, really?!

MollyBlooms Jul 2017
I was able to sell/donate my mother's cars as POA, but I wasn't doing so over her objection. The proceeds enabled us to buy a mobility van. A lot depends on how the POA is worded.

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anonymous262650 Jul 2017
We kept dads truck in garage. It transfer to mom when he died. We sold it a year later. It made no sense to pay for insurance and license. And the little bit we received goes towards moms house for taxes and insurance for another 2 years. But keep good records because that's an asset change. Medicaid down the road.

Dad_Was_Robbed Jul 2017
If you only have POA, your powers only go as far as he has consented so no you can't do something outside of your powers, especially if the person doesn't consent but don't know if you happen to be family or not to If you only have POA, your powers only go as far as he has consented so no you can't do something outside of your powers, especially if the person doesn't consent. You may want to find out why he won't sell the cars, you may find that he may have a will protecting his assets, and you can't overturn someone else's will as long as that will was made and the person was of sound mind. If those cars are protected by a legal will, then you can't change it, ever! Doing so can get you in legal trouble if this person did not want the will changed and he's simply trying to protect certain assets for that very reason. If this happens to be the case, you can possibly move the cars to a safe location so he won't drive them. If they are protected by a legal will that was put in place when he was of sound mind, then don't by any means overturn any legal protections he may already have in place unless you get in trouble by overstepping any bounds in your agreement as POA. You have certain powers as POA but only as far as this person has given you so don't abuse it by going outside of those powers

Llamalover47 Jul 2017
Tinkerbell57: Let me tell you a story about my late mother and her former car. In her early 80's (she lived to be 94), she developed macular degeneration. She was classified under the Commissioner of the Blind as "legally blind," which essentially means she had lost only central vision. She drove her car to the local post office (only 500 or less yards away) and she said "that's the last time I will drive my car as a car is a weapon."

Llamalover47 Jul 2017
cdnreader: You're so right about an emotional attachment to a vehicle/car. Some people even give their automobiles names, e.g. "Fred," "Wilma" or "Barney" if a Flintstone fan.

Llamalover47 Jul 2017
I do believe you can sell his cars. Think of it as a safety factor in case perchance he were to find the keys.

cdnreader Jul 2017
Dear Tinkerbell,

I know its hard on your dad to let go of the idea he might one day drive again. He might have an emotional attachment to the car as well. I think you can sell the car as his POA, but try to take his feelings into consideration unless the money is needed urgently for his care. I know its a tough spot to be in. My dad couldn't drive after the stroke but for awhile I thought he might recover and kept the car and insurance going. Even after his passing, I have kept his car...for now. I can't seem to let it go yet.

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