Can a POA sell a person's home while they are alive, of sound mind, have someone willing to stay with them full-time, and are able to go home?

My mother met with an attorney and then signed an immediate DPOA and HCPOA for my brother and I to handle her affairs in 2002. No springing and no restrictions that I ever discovered.

I do not know why she signed such empowering documents or why the attorney recommended them. I didn't realize how much power they delegated until 2015 when her health began to fail while she cared for my father and Mom was diagnosed with MCI. I assumed they were springing and was very surprised they were not.

I was fully empowered to sale real estate and manage all her finances. I did everything with Mom's knowledge and consent if not approval until after she had a bad fall in 2018. My brother and I made the treatment decision then, mainly because we wanted to spare Mom the potential anxiety.

So to answer the question you asked: yes, it's very possible the POA has the legal authority to do everything you have stated. The only way to really know is to read (or have an attorney read) the documents.

Who has power of attorney?

Why don't you tell your grandmother what's going on? If she really is of sound mind, she can revoke the POA if she wants to; or she can at least demand to be given the facts about all this.

I expect the POA has the best of intentions but what is taking place is an abuse of trust. You give POA to somebody you trust to act in your best interests and in line with your known preferences. If the POA has very good reasons for selling the house (as may well be the case) then the POA can state what they are and explain the situation properly. But not to tell your grandmother her house needs to be sold because she'd be upset about it is to treat her like an idiot. Is she an idiot?

Mind you. If your alternative plan is that you live full-time with her as her sole caregiver and live on fresh air, asking no compensation, then you're either incredibly rich or living in a dream world.

A Power of Attorney is a legal document. There is a financial power of attorney and a medical power of attorney. Here it sounds as if you are saying that your elderly person (principal) granted financial power of attorney to the person (agent) and this person is trying to sell her house without her knowledge or agreement. For now, I'm going to assume she doesn't have a durable medical power of attorney.

There are in general two type of POAs. One is a durable POA and the agent assumes powers over her financial affairs as soon as it's signed with the usual caveat that anything the principal has to agree with what the agent is doing and have the final word. The principal has to considered competent to run her own affairs. If she is found to be incompetent, the agent can then handle her affairs but ONLY in the way that the principal directed in the terms of the POA document. The agent is a fiduciary, which is a legal term that means they have a legal duty to act only in the best interests of the principal.

The other type of POA is called a springing POA and the fiduciary has access to the powers at the occurrence of some event, usually when a the principal is deemed incompetent. The same fiduciary responsibility applies.

Your first step is to find an elder care attorney with experience in estate planning. Explain the situation and that you are in the process of determining whether or not she's competent.

The next step is to ask her to see her doctor who can assess her mental competency. You will also want her to fill out an HIPAA form that allows medical facilities to give you her medical information. Doctor's offices are booking very far out in some places so when you call the office for an appointment tell them why you need to have this done as soon as possible.

If the doctor deems her competent, and she doesn't want the house sold, have her meet with the attorney. It is best if you can take her to the lawyer's office but have her meet with the lawyer alone. Or find an attorney who will meet with her at her facility and again leave the room. This is to avoid any appearance of undue influence.

The attorney should know to: 1) Contact the current POA agent and the realty company to cease and desist selling the house. 2) Revoke the current POA and give notice to the current financial POA and the entities involved in selling the house, and, in fact, all financial entities that might be depending on the current POA. 3) Draft a new PO granting financial powers to another person she trusts. 3) Create a durable medical POA if she doesn't already have one. 4) Once the house situation is under control, the attorney should be able to draft advanced directives, a will, in fact, a full estate plan. Do not involve yourself as you do not want to be accused of exerting undue influence over her.

If a medical professional determines that she is incompetent, then you will most likely have to petition the court to determine whether the financial POA agent is operating within the terms of the agreement and in your elder's best financial interests. Time is of the essence as in most places the real estate market is moving fast.

To be in a Nursing home you need 24/7 care. As the DPOA, they can sell grandmoms home if money is needed for her care. She may be competent mind wise but physically she can't be on her own. And, maybe there is no money to bring caregivers in.

You probably have no idea what caring for someone 24/7 entails. If she cannot be left alone who is going to do the shopping and run errands. Being woke up out of a sound sleep, that you desperately need, because she needs to go to the bathroom or has her days and nights mixed up. And help, you probably will not get any.

You don't say how old grandma is? Her finances may be such that keeping up a house is not feasible anymore. My Mom passed 5 years ago and what money she was getting in SS and pension would not pay her bills now.

Grandmom is where she is because she needs to be there. If on Medicaid, her SS is going to offset her care. This means the POA is paying out of pocket to keep the house going. Money Medicaid may not allow him/her to be reimbursed for.

Its nice you want to care for your grandmother. But it means giving up your life. Your looking thru Rose Colored glasses now, but you will resent having to give up every part of your life for one person. We have a few grandchild posters doing just that. A grandchild should never have to take care of a grandparent. That is up to the children. And if the children decide that the best place for a parent is a NH then its a NH.

Just visit your grandma as often as you want. Find things to entertain her. Bring her little gifts. Maybe photo albums to look at. Get her talking about her early life and tape it. Take her outside in the Sun.

Are you referring to a POA or DPOA?   And what does the document provide in terms of action by the proxy (the person handing affairs for someone else)?   What are the triggering clauses for something as serious as selling a home?  

You need to very carefully read, or have an attorney interpret, the authorizations created in any power of attorney document.    Breach of fiduciary responsibilities is a serious issue, especially if someone doesn't even have the authority b/c it's not vested or created in the document.

Was the POA person, who is selling the house, in touch with you about your plans? How is it that you were setting things up to take your grandmother home without knowledge that the house was being sold? You didn't have "everything in place" if the POA didn't know about it. How much time do you spend with her to know what her needs are? The POA will have information on all this and has been handling the finances. If your grandmother is actually of sound mind, then the POA cannot sell the house without her consent and the POA will know that they cannot do it. People in nursing homes are there because they cannot care for themselves and need some sort of nursing care. Do you have enough facts of the situation with you grandmother to make a decision to jump in and offer to take care of her?

Possibly the home I’d being sold to pay for care… it was my moms nest egg, my mom just passed away this week. I was starting the application for Medicaid.

and the big thing you should consider, that the following could very well be your situation in no time

my mom went from using her walker well, to being weak and struggled to walk into a store from the curb, to struggle to get to the bathroom,
the last 3 months… to starting to fall, to removing walker because she was a fall risk, to only being able to stand with assistance and pivot to wheelchair, to hoyer lift, diapers.. ( the hoyer lift and diapers was only about 2-3 weeks) I’m so relieved my mother is no longer suffering…

don’t make assumptions as to be in a nursing home , there is steady decline.. I wish you an open heart..

You say that the person who owns the home is OF SOUND MIND.
Is that TRUE?
If this person is of sound mind, then NO, as POA you act only on HER DIRECTION to do as SHE SAYS.
You do not act on your own under any circumstances when your principal is of SOUND MIND.
It seems that you clearly have no understanding of what a POA is. Please see an elder law attorney at the least to have it explained. You have legal duties as a fiduciary and ignorance of the laws is no excuse under the law. You could be jailed.
Start online to research POA duties and obligations for your state.
Best of luck.

One thing I want to clarify. You must have an actual medical need to be in a Nursing Home. You cannot just place someone that is old and has some mobility challenges.

So what is her actual situation that allowed her to be placed in the beginning?

Have you considered that visiting more frequently and doing enrichment activities might benefit her more then a move? Have you thought about how isolating single handed caregiving is for ALL involved?

You sound very young and I am sure that seeing the woman that stepped up to the plate when your own mom didn't, is devastating. I really recommend finding ways to improve her quality of life right where she is.

You have some very good, detailed responses. I will add one more thing....ok, a few more things...
IF a person is of "sound mind" then the POA is NOT in effect and that person can make decisions for themselves.
Based on what you have written it does sound like this person (your grandma from your profile) is not cognizant.
Caregiving is difficult..
I am going to take a guess and probably assume that her house is not set up to care for someone using a walker and probably a wheelchair.

While I understand and respect your love for your grandmother, I think it is possible that you need to take a step back and get the full picture before you proceed. You don't mention a lot of details that would be helpful but I'm going to mention some things and respectfully Geaton called out a lot of really good things to consider as well.

Caregiving is VERY HARD. Your grandmother was originally placed in a nursing home for a reason. You mention that she has done well with a walker on holidays and family gatherings when she has come home - so it sounds like she has been there for a while. And now you are prepared to bring her home. And you don't require any compensation for it. That all sounds very admirable. But I don't think you are really considering the big picture.

What is her ACTUAL condition? Not her short term, lots of hands around on a holiday condition. But her actual - 24/7 condition with no one around to help you? You say she gets around with a walker but is that 24/7 or just for short bursts? Is she able to bathe herself, feed herself and take care of her of Activities of Daily Living (ADLs)? I suspect not or it is not very likely she would be in a nursing home but I suppose it is possible she is there temporarily for rehab and I am missing context clues.

You mention that you would be her full time caregiver. So you would never have a day off. You would be 100% responsible, 100% of the time. No time for friends, no date nights, no vacations. You aren't going to be able to work, but you don't intend to ask for compensation. So how are you planning for your future? Who is paying your way? How will you pay your bills? What happens if YOU get sick? How are you going to have medical insurance or car insurance or a car? Who will cover your caregiving responsibilities if you need to run an errand or go to the doctor yourself?

What do you know about your grandmother's schedule in the nursing home? My SIL is my FIL's full time caregiver. She and my BIL live with my FIL. My FIL sleeps all day and is awake at night. And then sometimes he is awake all day and sleeps at night. What if your grandmother needs extra supervision and you have to sleep only when she sleeps? My FIL plays his TV 24/7 at top volume. He runs his walker into walls just outside of my BIL/SIL's bedroom when he goes to the bathroom, he yells (and whistles) and blows their cell phone up when he wants to eat, regardless of the time of day. When they do leave the house he is calling them asking when they will be back.

Can you leave your grandmother alone? As she is in a nursing home - I do wonder if she needs 24/7 attention if you would need to find someone to cover for you if you left the house for even short trips.

I don't mean to be negative. But if your grandmother is already in a nursing home - there is probably a good reason. The POA selling the house is likely to continue covering the expense of that. Did you discuss your intention to move in and bring your grandmother home with the POA? The POA's job is to protect your grandmother's interests.

Be careful assuming things about your grandmother's condition from short visits, it can be very misleading as to what her actual care needs are for longer term. Perhaps it is better that she is in the nursing home if her needs are more than can be taken care of in her home.

I know it may be hard to see her there, but sometimes it is safer for our loved ones in a place where there are people awake and alert and able to provide care 24/7 rather than 1 caregiver 24/7 responsible for everything. That is a lot to ask of one person.

Sounds like the PoA has determined that the home needs to be sold in order to pay for her facility care. Her mind might not be as "sound" as you think, sometimes dementia and memory impairment aren't that obvious. Hopefully you are not getting in the middle as this would upset and agitate her further and make the PoA's job of working in her best interests more difficult. If you think there is financial fraud/abuse going on you can take your actual evidence to a lawyer who will determine if you have enough to create a winnable case. You will need to pay the attorney yourself.

You say you wish to care for her yourself in her home but respectfully you have no idea how difficult it will be and become as she continues to lose abilities. If you don't want to be paid, how will you earn a living and save money? Yes, it is very emotionally and mentally difficult to stand by and watch our LOs decline with age. You are romanticizing the caregiving. If you have questions about why decisions like selling her home are happening, then ask the PoA directly and you'll probably get a totally different answer than what your grandmother has been telling you. FYI the PoA is not obligated to disclose your grandmother's information to you -- legally they are supposed to protect it. May you gain peace in your heart through this journey.