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Geniajones55 Asked October 2022

Can POA of a dementia patient in a nursing home sell their house and keep the money?

AnnReid Oct 2022
If the POA document contains a “gift” clause, the POA can at least in theory “gift” to themselves.

I don’t know how a Social Security evaluation would handle that.

gladimhere Oct 2022
The POA.is not allowed to keep.The money for themself or give any of it to anyone else. Proceeds need to be spent on the card and needs of the owner with dementia.

It not she the person would be ineligible for Medicaid should they need it.

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JoAnn29 Oct 2022
If the person is on Medicaid, Medicaid stops until the proceeds of the house are spent down. The POA has no right to the proceeds.

AlvaDeer Oct 2022
No, but the POA does put the money safely in an account belonging to the senior, and is responsible for investing, managing that money for the elder using their POA. Normally the POA doesn't "explain" finances to others in the family; in fact they serve as a private fiduciary and SHOULD NOT share information. If you suspect abuse of an elder by their POA take your PROOF to an attorney so that the matter can be investigated, or call APS. Your giving us details might give you a more complete and useful answer. Wishing you the best.

Grandma1954 Oct 2022
The POA can not "keep" the money that rightfully belongs to the person that they are POA for. The money is to be used for the care, treatment, housing, and other debts that the incapacitated person has.

Becky04469 Oct 2022
They can probably sell the house but the money should go to the person’s care or in their account.

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