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wrongway Asked July 2021

Can an individual with durable power of attorney purchase property from the individual she's representing while still living?

JoAnn29 Jul 2021
"Full Market Price" is what is important here. This is a criteria to be able to get Medicaid within the five year look back.

AnnReid Jul 2021
There are no constraints in the POA that I now share with a second family member while caring for a loved one.

Although not real estate, I waited until prices had been established for the house sale that was done after my LO moved to residential care, and purchased several items, paying directly into LO’s account.

The other POA took several items after the house sale was completed.

Both of us were functioning within the legal terms of the POA.

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gladimhere Jul 2021
If for fair market value. But, the market in this area is so crazy right now, people are offering tens of thousands to sometimes a hundred thousand over asking price. This situation could make it very tricky. Or a fix and flip? Best keep very careful records.

Countrymouse Jul 2021
If the duties included in the DPOA allow you to sell property on the individual's behalf there's no reason why you shouldn't buy it - i.e. as agent, sell it to yourself, as purchaser - within the usual bounds. The price must represent full market value, you must not enrich yourself, and you should be doubly careful to ensure that you have complete documentation of independent valuations.

Is there any particular need to do this, though?

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